Can a system be legally circumvented?
It depends. In general, the anti-circumvention provisions of the DMCA reserve broad authority to copyright holders to determine who can circumvent their systems. For example, while the DMCA contains an encryption research exemption, to come under the exception, a researcher must lawfully obtain the work and request the permission from the copyright holder to engage in circumvention in order to be exempted [1201(g)(2)(C)]. In addition, under the DMCA only individuals who are studying, trained, or employed in encryption research are likely to be considered legitimate researchers under the law [1201(g)(3)(B)]. Finally, an encryption researcher is required to immediately notify the creator of the protection system when she breaks it. [1201(g)(3)(C)] The security testing exemption is even more restrictive in its rules about obtaining authorization from the copyright owner. It requires individuals engaged in security testing to not only request, but must actually obtain the authorization. [1
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