Over at the U of C Faculty Blog, Randy Picker has an excellent post on fair use and the DMCA. It begins:
Try this hypothetical. Writing a novel seems to be the thing for law professors to do these days, so I pen a law-and-economics thriller (how could it not be?). You want to read it but I have not released any copies but you know that I have one printed sitting in my bedroom at home. You break into my house, steal the novel, immediately read it, and blog a book review, which includes juicy quotes (“He had the supply, she had the demand, and in the heat of the moment they vertically integrated.”)
Where does this put us when the cops catch you? Do you go to jail? Can I sue you for copyright infringement?
Read the rest of the post here.
UPDATE: While I’m on the topic, I shoud point out the fruits of my own dabbling in the waters of the DMCA from back in 2002: A Lukewarm Defense of the Digital Millennium Copyright Act. It’s a very short essay, just 7 pages.