Encryption, crytography and circumvention fears

Encryption, cryptography and circumvention all have the same meaning in the digital world. This involves the breaking of a technological lock placed upon copyright subject matter. Such locks, whether they are password protected, digital watermarks or whatever are technological measures to ensure that access to copyright material is only authorized by the copyright owner on their terms.

This particular aspect of copyright law in the digital age is most concerning. The old argument of the information “haves” and the “have nots’ is determined on a user pays system. The Digital Agenda Act and the latest Copyright Amendments (TPM) have the ability to deny information access to a large part of the population.

Copyright owners, keen on strict enforcement of their rights, should expect a difficult time. Resistance to copyright should be expected, now and in the future. Bowrey’s view identifies encryption as breeding resistance to regulation. Barlow’s response is that he wants “everyone in this room to consider themselves a revolutionary and go out and develop whatever you damn well please. ”What is needed is the structuring of a legal and technological environment that gains compliance through convenience and accepts the reality of system seepage. However, quite clearly self regulation is not working, the taste for pirated goods and lack of concern for that seems to suggest there are other agendas and politics that have little to do with democracy and more to do with technology.

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Filed under Intellectual Property Law

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