> Infringement of copyright is defined by the statute and does not include the anti-circumvention 1201 provisions.
Yeah, my mistake, you're correct the 1201 anti-circumvention provisions do define a new violation separate from copyright infringement itself.
However, there is a circuit split as to whether a violation of section 1201 requires a nexus to copyright infringement to be valid. If an 'infringement nexus requirement' is upheld, section 512 may still cover section 1201 violations by shielding service providers from any copyright infringement liability that would establish a nexus with the circumvention tool.
I don't see this particular issue ever being resolved by the courts in any case, so there's still quite a bit of ambiguity in this connection between the two sections of the DMCA.
Yeah, my mistake, you're correct the 1201 anti-circumvention provisions do define a new violation separate from copyright infringement itself.
However, there is a circuit split as to whether a violation of section 1201 requires a nexus to copyright infringement to be valid. If an 'infringement nexus requirement' is upheld, section 512 may still cover section 1201 violations by shielding service providers from any copyright infringement liability that would establish a nexus with the circumvention tool.
I don't see this particular issue ever being resolved by the courts in any case, so there's still quite a bit of ambiguity in this connection between the two sections of the DMCA.