Re:Mozilla hit with takedown request for anti-paywall addons
by c2h5oh on Wednesday December 05, 2018 @12:15PM
(#18610251)
Ah, but in this case we're provided a definition:
> a technological measure “effectively controls access to a work” if the measure, in the ordinary course of its operation, requires the application of information, or a process or a treatment, with the authority of the copyright owner, to gain access to the work.
17 U.S. Code § 1201 (a) (3) (B)
Re:Mozilla hit with takedown request for anti-paywall addons
by otterley on Wednesday December 05, 2018 @12:31PM
(#18610413)
Correct; thanks for providing the definition.
It’s a common misconception that the word “effective,” as used in the respective legislation, was intended to mean “successful” or “always cause.” Rather, it’s always been interpreted to mean, “is designed or intended to have the effect of.”
The fact that the measure is not always successful or is breakable does not make the law no longer applicable; that would be an absurd result. The law isn’t interpreted literally when the result would be absurd; this is doctrine that goes back to at least 1892 and even further back to English common law. See, e.g., Holy Trinity Church v. United States, 143 U.S. 457 (1892).