CP causes uncertainty and undermines aff solvency

Sui Generis protection. The history of sui generis approaches has been that as technology advances, they either quickly become obsolete (e.g., Semiconductor Chip Protection Act of 198419), or may raise uncertainties and impediments pertaining to copyright.20 ***[Footnote 20 Begins]*** The DMCA is now 25 years old and was based on at least a decade of comment, proposal, and treaty. Yet controversy swirls as to its interaction with copyright law, and even the Office has not yet felt to be in a position to comment, where both DMCA and copyright issues are in question, on whether a device owner enjoys ownership of embedded software. The online “safe harbor” provisions also remain controversial. (CTA is not suggesting the DMCA was a mistake – only that adding sui generis provisions can complicate, or even impede, already complicated copyright determinations.) ***[Footnote 20 Ends]*** Therefore CTA urges caution in such respects.