The development of filtering and streaming technology over the last twenty years has put in to question the purpose and intent of legislation meant to encompass those technologies. This Comment considers the exclusive rights of copyright owners in their protected works, and the circumvention of the encryptions placed on DVD and Blu-Ray discs to prevent the unauthorized decryption, filtering, and streaming of those works. This Comment will weigh the rights of creators of expressive works, such as films and television shows, against the rights of the purchasers to filter the works. A new defense to circumvention liability will be raised and rejected by the Ninth Circuit, and this Comment will conclude by explaining why the rights of purchasers should come secondary to the rights of copyright owners. Finally, this Comment will clarify why it is essential to the public interest that filtering and streaming services comply with current interpretations of the Digital Millennium Copyright Act and the Family Movie Act, and will propose alternative solutions to avoid liability under these statutes.
Filter Wars: The Fight to Determine Filtering Rights Under the Family Movie Act and the Digital Millennium Copyright Act,
39 Loy. L.A. Ent. L. Rev. 1
Available at: https://digitalcommons.lmu.edu/elr/vol39/iss1/1