[dvd-discuss] Circumvention Device Definition

[Seth Finkelstein <sethf(at)sethf.com>]

	Much as it's fun to proclaim "Magic Markers Are A
Circumvention Device" (and Therefore The DMCA Is Absurd), let's
not forget the technical definition in the law does take that
issue into account:

 * (A) is primarily designed or produced for the purpose of
          ^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
    circumventing protection afforded by a technological measure that
    effectively protects a right of a copyright owner under this
    title in a work or a portion thereof;
 * (B) has only limited commercially significant purpose or use
                ^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
    other than to circumvent protection afforded by a technological
    measure that effectively protects a right of a copyright owner
    under this title in a work or a portion thereof; or
 * (C) is marketed by that person or another acting in concert
    with that person with that person's knowledge for use in
    circumventing protection afforded by a technological measure that
    effectively protects a right of a copyright owner under this
    title in a work or a portion thereof.

	I must admit I've wondered about that part (C) - "marketed".
It does seem to me to arguably cover e.g. an eBay auction that says
"Magic Markers - great for circumventing CD copying restrictions". 
hat's odd to my techie-mindset. But it actually seems to fit the legal
framework around earlier infringement-capable devices (i.e., you can
in general sell a device that has an infringing use, but marketing it
for the explicit purpose of infringement is a no-no).

-- 
Seth Finkelstein  Consulting Programmer  sethf@sethf.com  http://sethf.com
Anticensorware Investigations - http://sethf.com/anticensorware/
Seth Finkelstein's Infothought blog - http://sethf.com/infothought/blog/