Technological protection measure

Definition and stakes

Timothy K. Armstrong,  Fair Circumvention (2008)

“ Perhaps Congress meant to require a certain minimum strength of access control—that is, perhaps Congress meant to say to the courts: a technological protection measure must not only protect access to a work, but must meet some minimal standard of efficacy in doing so; a trivial cipher will not suffice. [219] But the text might equally well support another reading, one that would preclude inquiry into the strength of an access control measure. ”
Source: Wikisource

Timothy K. Armstrong,  Fair Circumvention (2008)

“ See infra notes 17-32 and accompanying text. Such legal protections against circumvention are conventionally believed to be necessary because of the impossibility of engineering technological protection measures that are strong enough to withstand attack by sophisticated users in all cases. See, e.g., Competition, Innovation, and Public Policy in the Digital Age: Hearing Before the S. Comm. ”
Source: Wikisource

by the negotiators of the Trans-Pacific Partnership,  Trans-Pacific Partnership Agreement… (2015)

“ In order to provide adequate legal protection and effective legal remedies against the circumvention of effective technological measures that authors, performers, and producers of phonograms use in connection with the exercise of their rights and that restrict unauthorised acts in respect of their works, performances, and phonograms, each Party shall provide that any person that:
(a) knowingly, or having reasonable grounds to know, [82] circumvents without authority any effective technological measure that controls access to a protected work, performance, or phonogram
”
Source: Wikisource

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