by Mike Masnick
Tue, Mar 23rd 2010 4:54am
Last year, we wrote about a troubling set of lawsuits filed by Craigslist that seemed very dangerous, as it was pushing the boundaries on a series of legal concepts, all of which could come back to haunt Craigslist (and others) at a later date. For example, we noted that there was a "weak" DMCA claim that said that the captchas used by Craigslist to get people to prove they were human were actually "technological protection measures," and circumventing them violated the anti-circumvention provisions of the DMCA. While it's not the same lawsuit (apparently Craigslist had filed even more such lawsuits), Ray Dowd has the details of Craigslist winning a default judgment in a similar lawsuit after the company sued didn't bother to defend itself. This is why the concept of default judgments always concerns me. Now we have a ruling on the books that finds captchas are like DRM, and getting around them even if for perfectly legal purposes (can't read 'em?) may count as violating the DMCA.
If you liked this post, you may also be interested in...
- Dismantling The Repair Monopoly Created By The DMCA's Anti-Circumvention Rules
- Bandai-Namco Blows Money On DRM Rather Than Fixing Its Terrible PC Port Of Tales Of Symphonia
- Software Company Asks Users For Input On DRM; Goes Ahead And Institutes It Anyway Over Their Objections
- The Unbelievably True Story Of How Craigslist Murdered Over 100 People
- Appeals Court Issues Fantastic 1st Amendment Ruling Against Censorious Sheriff Thomas Dart In His Crusade Against The Internet