| This thesis is a critical analysis of a recent trend in digital copyright laws. In 1998, Congress passed the Digital Millennium Copyright Act, which in turn spawned numerous problems for the courts. Both Felten v. RIAA and U.S. v. Sklyarov have addressed this issue, but the topic has yet to reach any conclusion in the Supreme Court. The purpose of this study is to examine data about the constitutionality of the DMCA and its criminal penalties, and to examine its impact of the DMCA upon the fair use exception to copyright laws. Once explained, this thesis will look at past decisions of the Supreme Court, as well as data about our judicial system, in an effort to show that the Court is in fact persuaded by the political values of the time. And finally, this thesis hopes to demonstrate, with the data already mentioned as well as those found on the internet, that current trends in the field of digital legislation will show that the Court, once faced with this issue, will rule that the DMCA has flaws that need to be corrected. |
