What Is the Purpose of this Act?Basically, this act is used to enforce copyright laws concerning software and prohibit certain acts of software piracy. What Are Some of the Specific Provisions of this Act?Some of the specific provisions covered in this Act are: - Prohibits the making and sale (or even giving away for free) of code-cracking items used to illegally copy software
- Prohibits any methods that are used to get around anti-piracy measures built into commercial software, except when used by nonprofit libraries, archives, and schools and universities under certain circumstances
- Internet service providers generally cannot be held liable for copyright infringement when they are simply transmitting information ¿ however, if an ISP comes across material on a website this is considered copyright infringement, the ISP is required to have material removed
- ¿Webcasters¿ must pay licensing fees to record companies
What Should I Do if I Have Been Accused of Violating this Law?If you are found violating this Act, the aggrieved party may bring a civil lawsuit against you and you could be liable for not only loss of profits to the aggrieved party, but may also have to pay statutory damages, which could amount to as much as $2,500 per act that was in violation of this law. If you have accused of violating the Digital Millennium Copyright Act you should consult an attorney who has experience in cyberspace law. Your attorney will be able to advise you of your rights and let you know of any potential defenses you may have, as well as help you decide what the best course of action to take is. |
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