Last week Reuters ran a news story talking about defeating sony's "copy-proof" protection with a magic marker. NewsForge has an interesting article talking about how Reuters has just violated the DMCA by doing so.
Under the 1998 law's sections 1201.2(a) and (c), it's illegal to "manufacture, import, offer to the public, provide, or otherwise traffic in any technology, product, service, device, component, or part thereof" that is primarily designed to circumvent a copy protection. That's in part (a), and Reuters and its customers might be able to argue that the story wasn't "primarily" designed for that purpose.
But Reuters would have a lot of trouble getting around 1201.2(c). It outlaws the manufacture, etc., etc., of any "marketed" product or service that allows users to circumvent copy protections.
There's no question that Reuters marketed the story. Selling stories to its customers is the way it makes money, and several copyright lawyers suggest the "bad intent" language of those sections can easily apply to news stories. Reuters would have to be massively na•ve to believe that hundreds of music-sharing fans around the wouldn't test the magic marker technique on Sony CDs as soon as they read the story.
Personally, I doubt anything will come of it. I do think it's about time for a really good First Ammendment vs DMCA court case, and this is such a great opportunity. And hopefully they won't come after me for posting a link to that article. ;)
