First Person is Convicted Under DMCA for Selling Circumvention Tool

At the DMCA Rulemaking hearings, I recall, I think it was the attorney for the MPAA/RIAA, asserted that no one had ever been convicted under the DMCA for selling/trafficking circumvention tools. While it is not illegal under the DMCA to use these tools, it is illegal to sell them. An example might be a fake access key to access software or a tool to unscramble the CSS on a DVD.

Cnet News reports today that Adonis Gladney has been convicted of selling fake Microsoft product keys.

"Gladney, 24, is believed to be the first person convicted for DMCA violations dealing with the circumvention of security protections on software, according to Assistant U.S. Attorney Craig Missakian. Typically, product keys are used to activate software and are printed on Certificate of Authenticity labels that accompany legitimate products."

http://news.cnet.com/8301-1009_3-10242343-83.html

My opinion is that there's always a balance to be maintained between users/creators and corporate interests. It was clear at the rulemaking hearings that the DMCA's anti-circumvention provisions are completely useless and ineffective. Users are circumventing and creating all kinds of digital remixes. The corporate interests have no choice but to now go after those who sell these kinds of tools that permit hacking. This result also gives me hope though, because maybe the tides are turning for those who circumvent in order to make a fair use of existing materials. If the copyright office grants an exemption to the DMCA for educational users, it will probably be a matter of days before the corporate interests create licenses that permit users to circumvent, and then offer a cheap, legal tool for doing so.