Stealing silence

Scott Moschella over at Plastic Bugs has documented the process of downloading an encrypted, digital track consisting of nothing but silence, stripping the copy protection from it, and offering the unprotected digital silence for free download, in direct violation of the DMCA, so he claims. In actuality, I suspect he has violated no law; the DMCA covers only copyrighted works, and I think that Apple will have a hard time convincing a judge that a length of silence meets the originality test for copyrightability. Still, it's a fun read, and includes useful instructions on stripping the protection from other works — much less legal under the DMCA, but certainly useful in protecting fair use rights.

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