Technological Protection of Copyrighted Works and Freedom of Speech

Abstract

This paper discusses the relationship between technological protection of copyrighted works and freedom of speech. This is done by considering court decisions and legal theories concerning technological protection of copyrighted works in the United States. The paper shows that technological protection of copyrighted works may not only override fair use and public domain, but act as prior restraint on speech in some circumstances, and that the protection thereby places a large burden on freedom of speech.