Page:Fair Circumvention.djvu/30

 DMCA closely track the remedies available for copyright infringement. The DMCA’s anti-circumvention provisions were enacted alongside provisions creating new defenses to claims for copyright infringement. The anti-circumvention provisions of the DMCA were added in Title I of the legislation. See Digital Millennium Copyright Act of 1998, Pub. L. No. 105-304, § 103, 112 Stat. 2860, 2861-77. Title II enacted what is now, creating a new statutory immunity from liability for copyright infringement for internet service providers in certain circumstances. See id. § 202, 112 Stat. at 2877-84. Title III of the statute amended to provide a new defense to claims for copyright infringement arising from computer maintenance or repair, superseding court decisions such as MAI Systems Corp. v. Peak Computer, Inc., 991 F.2d 511, 518-19 (9th Cir. 1993). See Digital Millennium Copyright Act of 1998, Pub. L. No. 105-304, § 302, 112 Stat. 2860, 2886-87. Title IV of the statute made various other modifications to the Copyright Act. See id. §§ 401-407, 112 Stat. at 2887-2905. The only portion of the DMCA as enacted that is arguably unconnected with copyright is Title V, in which Congress created a form of sui generis intellectual property protection for the design of boat hulls, superseding the Supreme Court’s decision in Bonito Boats, Inc. v. Thunder Craft Boats, Inc., 489 U.S. 141, 143 (1989). See supra note 163. Both Congress and the President justified the enactment of the DMCA as a necessary measure to deter copyright infringement. The statute gives authority to craft exceptions from its liability provisions in part to the Register of Copyrights. Even the placement of the statute within the United States Code carries colorable significance: although an early version of the legislation that became the DMCA proposed to “move[] the anti-circumvention provisions out of Title 17” on the grounds that “these regulatory provisions have little, if anything, to do with copyright law,” the eventual inclusion of the anti-circumvention provisions alongside the rest of the federal copyright law