Chapter 12
Paragraph 1201 Circumvention of copyright protection systems
??(2) No person shall manufacture, import, offer to the public,
provide, or otherwise traffic in any technology, product, service,
device, component, or part thereof, that-
??(A) is primarily designed or produced for the purpose
of circumventing a technological measure that effectively controls
access to a work protected under this title;
??(B) has only limited commercially significant purpose or
use other than to circumvent a technological measure that
effectively controls access to a work protected under this title;
or
??(C) is marketed by that person or another acting in concert
with that person with that person?s knowledge for use in circumventing
a technological measure that effectively controls
access to a work protected under this title.
??(3) As used in this subsection-
??(A) to ?circumvent a technological measure? means to
descramble a scrambled work, to decrypt an encrypted work,
or otherwise to avoid, bypass, remove, deactivate, or impair
a technological measure, without the authority of the copyright
owner; and
??(B) a technological measure ?effectively controls access to
a work? if the measure, in the ordinary course of its operation,
requires the application of information, or a process or a treatment,
with the authority of the copyright owner, to gain access
to the work.
??(b) ADDITIONAL VIOLATIONS.-(1) No person shall manufacture,
import, offer to the public, provide, or otherwise traffic in any
technology, product, service, device, component, or part thereof,
that-
??(A) is primarily designed or produced for the purpose
of circumventing protection afforded by a technological measure
that effectively protects a right of a copyright owner under
this title in a work or a portion thereof;
??(B) has only limited commercially significant purpose or
use other than to circumvent protection afforded by a techno-logical
measure that effectively protects a right of a copyright
owner under this title in a work or a portion thereof; or
??(C) is marketed by that person or another acting in concert
with that person with that person?s knowledge for use in circumventing
protection afforded by a technological measure that
effectively protects a right of a copyright owner under this
title in a work or a portion thereof.
??(2) As used in this subsection-
??(A) to ?circumvent protection afforded by a technological
measure? means avoiding, bypassing, removing, deactivating,
or otherwise impairing a technological measure; and
??(B) a technological measure ?effectively protects a right
of a copyright owner under this title? if the measure, in the
ordinary course of its operation, prevents, restricts, or otherwise
limits the exercise of a right of a copyright owner under this
title.
??(c) OTHER RIGHTS, ETC., NOT AFFECTED.-(1) Nothing in this
section shall affect rights, remedies, limitations, or defenses to
copyright infringement, including fair use, under this title.
??(4) Nothing in this section shall enlarge or diminish any rights
of free speech or the press for activities using consumer electronics,
telecommunications, or computing products.
??(f ) REVERSE ENGINEERING.-(1) Notwithstanding the provisions
of subsection (a)(1)(A), a person who has lawfully obtained
the right to use a copy of a computer program may circumvent
a technological measure that effectively controls access to a particular
portion of that program for the sole purpose of identifying
and analyzing those elements of the program that are necessary
to achieve interoperability of an independently created computer
program with other programs, and that have not previously been
readily available to the person engaging in the circumvention, to
the extent any such acts of identification and analysis do not
constitute infringement under this title.
??(2) Notwithstanding the provisions of subsections (a)(2) and
(b), a person may develop and employ technological means to circumvent
a technological measure, or to circumvent protection
afforded by a technological measure, in order to enable the identification
and analysis under paragraph (1), or for the purpose of
enabling interoperability of an independently created computer pro-gram
with other programs, if such means are necessary to achieve
such interoperability, to the extent that doing so does not constitute
infringement under this title.
??(3) The information acquired through the acts permitted under
paragraph (1), and the means permitted under paragraph (2), may
be made available to others if the person referred to in paragraph
(1) or (2), as the case may be, provides such information or means
solely for the purpose of enabling interoperability of an independently
created computer program with other programs, and to the
extent that doing so does not constitute infringement under this
title or violate applicable law other than this section.
??§ 1203. Civil remedies
??(a) CIVIL ACTIONS.-Any person injured by a violation of
section 1201 or 1202 may bring a civil action in an appropriate
United States district court for such violation.
??(b) POWERS OF THE COURT.-In an action brought under
subsection (a), the court-
??(1) may grant temporary and permanent injunctions on
such terms as it deems reasonable to prevent or restrain a
violation, but in no event shall impose a prior restraint on
free speech or the press protected under the 1st amendment
to the Constitution;
??(2) at any time while an action is pending, may order
the impounding, on such terms as it deems reasonable, of
any device or product that is in the custody or control of
the alleged violator and that the court has reasonable cause
to believe was involved in a violation;
??(3) may award damages under subsection (c);
??(4) in its discretion may allow the recovery of costs by
or against any party other than the United States or an officer
thereof;
??(5) in its discretion may award reasonable attorney?s fees
to the prevailing party; and
??(6) may, as part of a final judgment or decree finding
a violation, order the remedial modification or the destruction
of any device or product involved in the violation that is in
the custody or control of the violator or has been impounded
under paragraph (2).
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