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Interfaces on Trial 2.0$
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Jonathan Band and Masanobu Katoh

Print publication date: 2011

Print ISBN-13: 9780262015004

Published to MIT Press Scholarship Online: August 2013

DOI: 10.7551/mitpress/9780262015004.001.0001

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Interoperability under the DMCA

Interoperability under the DMCA

(p.73) 3 Interoperability under the DMCA
Interfaces on Trial 2.0

Jonathan Band

Masanobu Katoh

The MIT Press

This chapter examines the legislative history of the interoperability exception in the Digital Millennium Copyright Act (DMCA) and the interoperability cases decided under the DMCA in the U.S. It explains the provisions of Section 1201 of DMCA and the reverse engineering exception in Section 1201(f) that relates to interoperability. It suggests that the court decision on Chamberlain v. Skylink was a major development in DMCA jurisprudence because it prevented the DMCA from being employed to prevent legitimate competition in aftermarkets by requiring a nexus between the circumvention of access controls and infringement.

Keywords:   DMCA, interoperability exception, U.S., reverse engineering, Chamberlain v. Skylink, jurisprudence, legitimate competition, access controls, infringement

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