Anti-circumvention

Overview
The DMCA anti-circumvention provisions prohibit:


 * descrambling, decrypting, or otherwise avoiding, bypassing, removing, deactivating, or impairing a technological measure, without the authority of the copyright owner, that effectively controls access to a copyrighted work.
 * manufacturing, importing, offering to the public, providing, or otherwise trafficking in any technology, product, service, device, or component, that is primarily designed or produced for the purpose of circumventing copyright protection measures.

Remedies
The remedies for a violation of the anti-circumvention provisions include:


 * 1) Temporary and permanent injunctions to prevent or restrain a violation of this offense, but in no event shall the court impose a prior restraint on free speech or the press protected under the First Amendment to the Constitution.
 * 2) At any time while an action is pending, the court may order the impounding of any device or product that is in the custody or control of the alleged violator and that the court has reasonable cause to believe was involved in a violation.
 * 3) Recovery of costs by or against any party other than the United States or an officer thereof.
 * 4) Reasonable attorney’s fees to the prevailing party.
 * 5) The court may order the remedial modification or the destruction of any device or product involved in the violation that is in the custody or control of the violator or that has been impounded.
 * 6) Actual damages and any additional profits of the violator that are attributable to the violation and are not taken into account in computing the actual damages.
 * 7) Statutory damages (at the election of the complaining party in lieu of actual damages), as follows:
 * For each violation of 17 U.S.C. §1201, in the sum of not less than $200 or more than $2,500 per act of circumvention, device, product, component, offer, or performance of service, as the court considers just.
 * For each violation of 17 U.S.C. §1202, in the sum of not less than $2,500 or more than $25,000.


 * 1) For repeated violations: If the injured party proves, and the court finds, that a person has violated 17 U.S.C. §§1201 or 1202 within three years after a final judgment was entered against the person for another such violation, the court may increase the award of damages up to triple the amount that would otherwise be awarded, as the court considers just.
 * 2) For innocent violations: The court in its discretion may reduce or remit the total award of damages in any case in which the violator proves, and the court finds, that the violator was not aware and had no reason to believe that its acts constituted a violation.