THE DIGITAL MILLENNIUM COPYRIGHT ACT
Technology often outpaces ethical and legal developments. For many years, copyright law remained static as wholesale unauthorized duplication of printed materials was difficult. Fair use rules evolved regarding quoting sections of copyrighted work in other publications, such as for the purposes of criticism, academic work or even parody, and organizations such as the American Society of Composers and Performers (ASCAP) tracked performances of copyrighted material to help ensure that copyright holders received royalties or other appropriate consideration. Photocopiers brought new copyright problems to the forefront, and copy shops began to be concerned with their liability if they photocopied copyrighted material. This problem paled in comparison to the problems brought about by the proliferation of digital technology, however, and the growth of the Internet made it increasingly simple for copyrighted material to be copied and distributed to millions of users around the world. This research considers one attempt to control this technology, the Digital Millennium Copyright Act (DMCA) and its long-term consequences on the issue of copyrights.
Passed in 1998, the Act is 94 pages long and encompasses a broad spectrum of copyright issues. Much attention has been focused on the Act's prohibition of technology that allows users to circumvent encryption or other protections of copyrighted work. Napster, a Web site that made it possible for Web users around the world to download and share music files at no cost, was the most visible target of this provision. Eventually, Napster reappeared as a pay-for-service site that has yet to regain its previous ubiquitous position, but which is now operating within the parameters of the DMCA ("Can Morpheus" n.p.).
One of the less-publicized aspects of the DMCA is the extension of the encryption proscription to include even discussing technol
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