Advanced Copyright Law on the Internet

upon power-up, but instead was loaded only when utilized.^1285 The court rejected this claim on
the ground that GetKey did not effectively protect or control access to the RTD code. The RTD
code was contained on either the hard drive of the LMU or on floppy disks that StorageTek
sometimes shipped with its products. Accordingly, any customer who owned a StorageTek
system could access and copy the RTD code, regardless of the existence of GetKey protections.
The court therefore concluded that GetKey did not effectively control access to the RTD code,
and the court granted the defendants summary judgment on the anti-circumvention claim related
to the RTD code.^1286

(b) Integrity of Copyright Management Information

(1) Definition of CMI

The DMCA contains provisions directed to maintaining the integrity of “copyright
management information” (CMI), which Section 1202(c) of the DCMA defines to include the
following items of information “conveyed” in connection with copies of a work or the
performance or display of a work, including in digital form (but specifically excluding any
personally identifying information about a user of a work):

• the title and other information identifying the work, including the information set forth
  on a copyright notice;


• the name and other identifying information about the author or the copyright owner of
  the work;


• the name and other identifying information about a performer, writer, or director
  associated with a work, other than a work performed publicly by radio and television broadcast
  stations;


• terms and conditions for use of the work;


• identifying numbers or symbols referring to such information or links to such
  information; and


• any other information that the Register of Copyrights may prescribe by regulation.

The statement of Rep. Coble accompanying the original introduction of the provision in
S. 2037 corresponding to Section 1202 noted that the term “conveyed” was “used in its broadest
sense and is not meant to require any type of transfer, physical or otherwise, of the information.
It merely requires that the information be accessible in conjunction with, or appear with, the
work being accessed.” Under this definition, CMI could include information that is contained in
a link whose address is conveyed with the copyrighted work. Such information could well be a

(^1285) Storage Technology Corp. v. Custom Hardware Eng’g & Consulting, Ltd., 2006 U.S. Dist. LEXIS 43690 at
15, 22 (D. Mass. June 28, 2006).
(^1286) Id. at 25-26.