While researching for the project, I reviewed the following 4 articles in regards to the incorporation of anti-circumvention rules into Free Trade Agreements. The US has been exporting into free trade agreements the model on anti-circumvention law that they used in the much-maligned Digital Millenium Copyright Act (DMCA). The DMCA provides for (among other things) legal liability for circumventing a technical protection measure or altering or removing rights management information. Nominally, this provision was enacted in order to bring the United States into compliance with requirements in the WIPO Internet Treaties — whether this was necessary or not is discussed in the literature.
They are all particularly good and concentrate on the problems with the original DMCA model and then the problems that arise when this model is applied in foreign legal systems. There is also quite a bit of comparative work in there as well, as the DMCA model has been applied in multiple treaties.
The articles are:
- 54 Clev. St. L. Rev. 205
Cleveland State Law Review 2006 Symposium EXPORTING DMCA LOCKOUTS Anupam Chander. - 84 Denv. U. L. Rev. 13
Denver University Law Review 2006 Articles ANTICIRCUMVENTION AND ANTI-ANTICIRCUMVENTION Peter K. Yu. - 20 Santa Clara Computer & High Tech. L.J. 941
Santa Clara Computer and High Technology Law Journal May, 2004 Symposium Review LOCKING UP THE BRIDGE ON THE DIGITAL DIVIDE–A CONSIDERATION OF THE GLOBAL IMPACT OF THE U.S. ANTI-CIRCUMVENTION MEASURES FOR THE PARTICIPATION OF DEVELOPING COUNTRIES IN THE DIGITAL ECONOMY Mia K. Garlick. - 34 AIPLA Q.J. 217
AIPLA Quarterly Journal Spring, 2006 Article DMCA ANTI-CIRCUMVENTION PROVISIONS IN A DIFFERENT LIGHT: PERSPECTIVES FROM TRANSNATIONAL OBSERVATION OF FIVE JURISDICTIONS Richard Li-Dar Wang.
Enjoy!
