Circumvention

Anti-circumvention refers to laws which prohibit the circumvention of technological barriers for using a digital good in certain ways which the rightsholders do not wish to allow. The requirement for anti-circumvention laws was globalized in 1996 with the creation of the World Intellectual Property Organization's Copyright Treaty.

Article 11 of WIPO Copyright Treaty "Obligations concerning Technological Measures" requires contracting parties to

"...provide adequate legal protection and effective legal remedies against the circumvention of effective technological measures that are used by authors in connection with the exercise of their rights under this Treaty or the Berne Convention and that restrict acts, in respect of their works, which are not authorized by the authors concerned or permitted by law."

Article 12 of WIPO Copyright Treaty "Obligations concerning Rights Management Information" requires contracting parties to

"...provide adequate and effective legal remedies against any person knowingly performing any of the following acts knowing, or with respect to civil remedies having reasonable grounds to know, that it will induce, enable, facilitate or conceal an infringement of any right covered by this Treaty or the Berne Convention:

(i) to remove or alter any electronic rights management information without permission;

(ii) to distribute, import for distribution, broadcast or communicate to the public, without authority, works or copies of works knowing that electronic rights management information has been removed or altered without authority."

The following anti-circumventing rules were implemented in European Directive 2001/29/EC of the European Parliament and of the council of May 22, 2001 on the harmonisation of certain aspects of copyright and related rights in the information society.

This directive states in article 6, 'Obligations as to technological measures':

In the United States, the Digital Millennium Copyright Act ("DMCA") has implemented the treaty provisions regarding the circumvention of some technological barriers to copying intellectual property.

Section 103 (17 U.S.C Sec. 1201(a)(1)) of the DMCA states:

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