[WikiEN-l] Press coverage listing the HD-DVD key

[Gregory Maxwell]

On 5/4/07, Joe Szilagyi <szilagyi at gmail.com> wrote:
> The next important question then, I think, is would Wikipedia liable legally
> if they served a DMCA takedown, and we did take it down? If the answer is
> Yes, we'd be legally safe, then perhaps mentioning the string itself isn't a
> risk. Maybe. Beyond that, the liability for posting/reposting would fall to
> users and IPs that posted it?

There is no DMCA takedown in this context.  "DMCA takedown" refers to
the notice/takedown procedure in the OCILLA. The OCILLA is one
component of a bundle of distinct laws passed at the same time under
the banner of the DMCA.  Circumvention devices are illegal under the
WIPO implementation act.  There is no takedown procedure. No notice
procedure. No and service provider safe harbor.

However, you are required to know that the technology, product,
component, etc that you are distributing is intended for circumvention
or that it otherwise has no other commercially significant purpose.

So... we /should/ be safe for the stuff we don't know about... But
beyond that, there isn't a get out of jail free card here like there
is for copyright infringement.