Battling Censorware
Censorship
6/5/2000; 7:12:26 AM April 4, 2000: "If there is a fair-use right under copyright law, then as professor Peter Jaszi and others have argued, there should be a fair-use right under the anticircumvention provision of the DMCA. Just as free-speech rights get balanced under copyright law, so too should they be balanced under the copyright act.

"But balance is unlikely when district courts believe they are protecting the morals of America's children. And balance has not yet been the norm when courts have been confronted with circumventing code. Instead, control has been the judicial norm - control built into code, backed up by a law that reaches further than copyright law itself may constitutionally reach. A law that circumvents, one might say, the protections the First Amendment was to provide."