Quote:

---

Highlights Generally:

· Makes it a crime to circumvent anti-piracy measures built into most commercial software.

· Outlaws the manufacture, sale, or distribution of code-cracking devices used to illegally copy software.

· Does permit the cracking of copyright protection devices, however, to conduct encryption research, assess product interoperability, and test computer security systems.

· Provides exemptions from anti-circumvention provisions for nonprofit libraries, archives, and educational institutions under certain circumstances.

· In general, limits Internet service providers from copyright infringement liability for simply transmitting information over the Internet.

· Service providers, however, are expected to remove material from users' web sites that appears to constitute copyright infringement.

· Limits liability of nonprofit institutions of higher education -- when they serve as online service providers and under certain circumstances -- for copyright infringement by faculty members or graduate students.

· Requires that "webcasters" pay licensing fees to record companies.

· Requires that the Register of Copyrights, after consultation with relevant parties, submit to Congress recommendations regarding how to promote distance education through digital technologies while "maintaining an appropriate balance between the rights of copyright owners and the needs of users."

· States explicitly that "[n]othing in this section shall affect rights, remedies, limitations, or defenses to copyright infringement, including fair use..."

---

Quote:

---

Here is another way to look at the same thing. I give someone the original of a dvd to copy for me. He makes 11 copies, gives me back the original and 1 copy and sells 10. If anyone advertises that type of service they will be asking for trouble. Tater9104 may be honest enough to make just 1 copy but there are others that will cause all the problems.

---

Quote:

---

§ 107. Limitations on exclusive rights: Fair use38
Notwithstanding the provisions of sections 106 and 106A, the fair use of a copyrighted work, including such use by reproduction in copies or phonorecords or by any other means specified by that section, for purposes such as criticism, comment, news reporting, teaching (including multiple copies for classroom use), scholarship, or research, is not an infringement of copyright. In determining whether the use made of a work in any particular case is a fair use the factors to be considered shall include ?

(1) the purpose and character of the use, including whether such use is of a commercial nature or is for nonprofit educational purposes;

(2) the nature of the copyrighted work;

(3) the amount and substantiality of the portion used in relation to the copyrighted work as a whole; and

(4) the effect of the use upon the potential market for or value of the copyrighted work.

The fact that a work is unpublished shall not itself bar a finding of fair use if such finding is made upon consideration of all the above factors.

---