SPN joined an amicus brief in Green v. DOJ, a lawsuit brought by the online civil rights group Electronic Frontier Foundation against the US government challenging key parts of the Digital Millennium Copyright Act. The suit argues that the Act’s bar on cracking digital locks violates the First Amendment by unduly restraining speech that involves fair and otherwise lawful use of digitally encumbered works. SPN has documented the harmful impact of the DMCA on software preservation as part of its successful effort to win exemptions for preservation through the law’s triennial rulemaking process. The brief argues that this process provides a flawed and limited safety valve that requires lawful users like SPN to invest substantial resources to overcome a presumption that their lawful activities should nevertheless be blocked by the DMCA. If Green’s challenge succeeds, SPN members and others would be empowered to make lawful use of digital works without worrying about digital locks. The case is on appeal to the Court of Appeals for the D.C. Circuit, and the amicus brief was prepared and filed on behalf of SPN and other library and accessibility groups by the Samuelson-Glushko Technology Law and Policy Clinic at Colorado Law.

Read the full amicus brief here.

Preferred citation:

Butler, Brandon. (2023, December 11). Amicus Brief in Green v. Department of Justice. Software Preservation Network. https://www.softwarepreservationnetwork.org/amicus-brief-in-green-v-department-of-justice/