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Articles & Publications

Technology Law Bulletin Winter 2005

Court Preserves Aftermarket Competition Under the DMCA – The Lexmark Case by Joseph J. Laferrera

While 2004 saw the proliferation of lawsuits that relied on copyright law to stem the unauthorized duplication of music and movies, it also marked the issuance of two important judicial decisions that put limits on copyright law. Both cases specifically examined the Digital Millenium Copyright Act, or DMCA – a law passed in 1998 to help beleaguered owners of electronic content battle the threat of rampant digital piracy. more…

Court Limits Reach of DMCA – The Chamberlain Case  by Joseph J. Laferrera

The Lexmark case represents one approach to reining in manufacturers’ efforts to use the DMCA to hamper aftermarket competition, but it is not the only one. In August 2004, the Federal Circuit Court of Appeals issued a ruling against a manufacturer of garage door openers that had been trying to stop the sale of compatible aftermarket remote controllers. The case, Chamberlain Group v. Skylink Technologies, takes a different route to reach the same end. more…