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BASIC PRINCIPLES FOR MANAGING INTELLECTUAL PROPERTY IN THE DIGITAL ENVIRONMENT
PRINCIPLE 10
10. Copyright enforcement provisions should not
hinder research simply because the products of a line of inquiry
might be used in support of infringing activity.
While the law should provide penalties for acts of
infringement, attempts to criminalize the possession or acquisition
of technologies or devices that might be used for illegal purposes
will sweep with too broad a broom. Both applied and basic research
related to encryption technologies and computer science may require
that researchers be able to obtain state-of-the-art devices in order
to participate in the creation of new knowledge. Moreover, decryption
technologies may be necessary to place works in the public domain at
the expiration of copyrights or to engage in legitimate activities,
i.e., preservation. Legal sanctions should be reserved for those
activities that violate or directly support violation of the
law.
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