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The DMCA and the Regulation of Scientific Research

Joseph P. Liu

Boston College - Law School

Berkeley Technology Law Journal, Vol. 18, Spring 2003

This Article analyzes the impact of the Digital Millennium Copyright Act (DMCA) on academic encryption research. In this Article, I argue that for both legal and practical reasons academic encryption researchers should be able to conduct and publish certain types of research without significant fear of liability under the DMCA. However, the DMCA will have a non-trivial impact on the conditions under which such research takes place, and this impact can be expected to have several undesirable effects. More broadly, this impact highlights the problematic way in which the DMCA regulates scientific research in furtherance of intellectual property rights. The Article concludes with a number of suggestions for mitigating some of these negative effects.

Number of Pages in PDF File: 38

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Date posted: October 14, 2003  

Suggested Citation

Liu, Joseph P., The DMCA and the Regulation of Scientific Research. Berkeley Technology Law Journal, Vol. 18, Spring 2003. Available at SSRN: https://ssrn.com/abstract=457742 or http://dx.doi.org/10.2139/ssrn.457742

Contact Information

Joseph P. Liu (Contact Author)
Boston College - Law School ( email )
885 Centre Street
Newton, MA 02459-1163
United States
617-552-6377 (Phone)

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