Aren’t SSL certificates (especially system-wide certificates) used as a “technological measure that effectively controls access” to rights-protected works? I’m curious why #Superfish wouldn’t be violating #DMCA Section 1201(a)(3)(A) by decrypting encrypted works “without the authority of the copyright owner” since I don’t see that there’s anything preventing it from doing so for works covered under the DMCA. Does one or more of the exemptions apply here? The DMCA is such a twisty maze…
Alan Cox February 19, 2015 17:52
The “we are a big company f**k you” exemption.
Michael K Johnson February 19, 2015 17:54
Well, yes, I meant apart from the “some animals are more equal than others” exemption…
Stephen John Smoogen February 19, 2015 20:54
I expect that it is covered under the general EULA when you broke the box open. “You accept that this hardware comes with software that will do whatever it wants.” Look you opened the box.. you accepted the EULA.
Eugene Crosser February 20, 2015 03:43
Hmm, I don’t think ssl certificates can be viewed as “technological measure that effectively controls access to rights-protected works”. Not in the context of a substitute server certificate, in any case.
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