Legal Lock-Picking: An Analysis of Anti-Circumvention Law in the United States and Brazil

Authors

• Skyler Sourifman, Benjamin N. Cardozo School of Law

Abstract

The note examines the contrasting approaches of the U.S. and Brazil in their anticircumvention laws under copyright regimes. It highlights how the U.S. DMCA strictly prohibits circumvention, while Brazil's proposal allows exceptions for fair use, interoperability, and public domain access. The analysis critiques the DMCA for its broad provisions that have led to inconsistent court rulings, such as in RealNetworks v. Streambox and Universal City Studios v. Corley, which have stifled competition and free expression. Conversely, Brazil's approach aligns with the Access to Knowledge movement, emphasizing a balanced copyright system. The note suggests that recent U.S. exemptions, like those for jailbreaking and educational use, indicate a potential shift toward Brazil's more flexible framework. It concludes by recommending that the U.S. adopt Brazil's model to address criticisms and better balance creator and public interests.

Disciplines

Environmental Law | Intellectual Property Law | International Law | Law

Recommended Citation

Skyler Sourifman, Legal Lock-Picking: An Analysis of Anti-Circumvention Law in the United States and Brazil, 20 Cardozo J. Int'l & Comp. L. 911 (2012).
Available at: https://larc.cardozo.yu.edu/cjicl/vol20/iss3/10