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HEADLINE: 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.