Exploring Copyright Challenges of DeCSS and DMCA Legal Implications

"The fact that computer code is copyrightable means that it is protected by the First Amendment. Copyright law, of which DMCA is a part, confirms the point: In view of the First Amendment protections already embodied in the Copyright Act's distinction . . . "The fact that computer code is copyrightable means that it is protected by the First Amendment. Copyright law, of which DMCA is a part, confirms the point: In view of the First Amendment protections already embodied in the Copyright Act's distinction between copyrightable expression and uncopyrightable facts and ideas, and the latitude for scholarship and comment traditionally afforded by fair use, we see no warrant for expanding the doctrine of fair use ...."

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