![]() ![]() ![]() ![]() ![]() Or without the authorization of this third party) to access the protected content violates § 1201 Question that arises is to analyze whether someone who uses the password of a third party (with The scope of application of the prohibition on circumvention of access protection measures canīe further exemplified by taking two practical examples:Ī) Does the abuse of an identification procedure constitute a circumvention of a technological protection measure?Īs stated above 78, the access control to a protected content in the on-line environment can beĪccomplished through the use of an identification procedure (password and/or identification). The unauthorized use of the identification procedure thereforeĭoes not lead to any circumvention of the technological measure within the meaning of § 1201 One could consider that the act of this unauthorized user does not constitute a violation of theĪnti-circumvention provisions, because her act (entering a password) is not objectively differentįrom the act of a legitimate user. (a)(1) and § 1201 (a)(3)(A) because it does not “avoid, bypass, remove, deactivate, or impair a The on-line environment, which are designed to prevent the access to on-line content by people Her personal password to the user) could not be held liable towards the owner of the unlawfullyĪccessed content, in particular on the basis of a violation of the (click-on) contractual agreement.Ī similar issue might arise in connection with technological protection measures implemented in However mean that this unauthorized user (as well as the third party who would have transmitted Technological measure”, but merely uses it as would an authorized user do. ![]()
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