2/26/2023 0 Comments How to mod console gamesCrippen, if circumvention facilitates later fair use of a copyrighted work, then there is no protected copyright interest and no violation of the DMCA’s anti-circumvention provisions. But the judge presiding over the case ruled last week that such a defense is not permitted by the DMCA. Regardless of the rulings on those issues, the defendant faces an uphill legal battle.Ĭrippen's key defense to both counts was "fair use." He hoped to to argue to jurors that it was legal to hack the consoles because the modification had non-infringing purposes, like allowing the machines to run homebrew software, or permitting limited fair use of copyright material.
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