That's not how the DMA works at all, there is no concept of gatekeeping practices. Instead, the EU Commission designates companies that act as gatekeeper for some services (current list here: https://digital-markets-act.ec.europa.eu/gatekeepers-portal_...) which then puts constraints on what they do.
> Publish your codec, and if the company cares about this they will send a cease and desist.
If there are doubts about C&D letters, don't publish code to a USA provider. Bring it to Gitee, under an anonymous author name.
[Pirate flag emoji here]
Eeh, worst case scenario you'll get sued as Microsoft will have no problem with handing over everything they have from your Windows installation information, GitHub accounts, NPM authentication and everything else they own today if the courts tell them to.
You can't just commit crimes on the open internet without really hiding IPs and what not, and expect that to not come back to haunt you eventually. Kind of poor form to suggest otherwise too.
Who said it is a crime, are you a lawyer?
I'm not saying yay/nay if this is a crime or not, but if you think it might be, and you create a new account on GitHub to "be anonymous", you're not taking opsec seriously enough for something you believe might be a crime.
By the way, generally judges or juries would be the ones to decide if something was illegal or not, it's not the lawyers who decide this, in any country I'm familiar with.
But we like to pretend that the justice system delivers justice evenhandedly I suppose.
You could also create a text document instead of a software that details the mechanism used to fool other MIDI decoders and publish only that (for now).
Finally, familiarize yourself with the Art. 6 Software Directive (2009/24/EC) / §69e UrhG — decompilation for interoperability. It may be your ticket for a legal status in Germany/EU.
Does it matter? What's important is if it can happen or not, and how if so. We already know that MPAA is willing to basically do whatever, even contribute themselves to piracy, if it means they can put people in jail for copying stuff eventually. They themselves also gotten in trouble for copyright violations themselves in the past, so doesn't seem like they're hiding away from breaking a little bit of laws to hunt pirates.
I really hope not. My understanding is that to be "effective" it needs to at least be a form of encryption with a secret key. At least, I'm not aware of any case law that allowed anything less than that.
IMO, "dummy notes" are nothing more than a form of obfuscation. If it's obvious how to filter them out, then I don't think it comes close to meeting the bare minimum of what might count as an "effective technical measure".
Of course, who knows what way the courts will rule if it ever reached that far.
However, Section 1201(f) is designed to allow developers leeway in reverse engineering to make "independently created computer programs" talk to other "computer programs". But this usually distinguishes between talking to a binary (good) and reading a media file (bad).
My guess is the encoder is probably legal under 1201(f) because it’s reverse engineering a DMCA covered application to create new media files for it to use. But the decoder would be illegal because it reverse engineers a DMCA covered application to extract copyrighted media.
And while courts might have ruled that a CAPTCHA might count as a "technological measure" they haven't gotten as far as ruling them as "effective" yet.
But in general yes. The protection scheme doesn't need to be well designed or free of design flaws to count as "effective". But from what I can tell, it does need to be a valid attempt at some cryptographic scheme requiring a secret known only to the copyright holder.
[0] https://law.justia.com/cases/federal/appellate-courts/F3/387...
Anti-SLAPP laws exist for a reason, and if corps can bully anyone, how is it that corps routinely lose lawsuits on either side of the docket, hmmmm?
Keep licking that corporate boot, folks. Corps send C&Ds because they cost them all of maybe $100-200 and they're so effective.
There is a long road between "got a C&D" and "am getting sued." Among other things, a judge is going to want to see that both sides attempted to negotiate. If the company sending the C&D just demands that and then tries to file suit, the judge is going to tell them to go back to step 2 and stop bothering him/her.
Folks, stop telling people that if they get a C&D they have to just fold. Good chance you never hear from them again because the cost of suing you is nowhere near the damages they will be able to prove in court.
The problem is, the one advising them whether to sue or not might not care about that at all, and might personally profit from a lawsuit. So they've got all incentive in the world to persuade their employer that they must pursue this or they will have given up priceless rights forever.
Sometimes!