owner under this title. Unlike access controls, the DMCA does not ban the circumvention of rights controls. It was thought that traditional copyright law was sufficient to protect the interests of copyright holders in cases of individual acts of circumvention. Other Rights The Act states that its provisions are not intended to modify a number of already existing rights. Section 1201(c) provides: (c) Other Rights, Etc., Not Affected.— (1) Nothing in this section shall affect rights, remedies, limitations, or defenses to copyright infringement, including fair use, under this title. (2) Nothing in this section shall enlarge or diminish vicarious or contributory liability for copyright infringement in connection with any technology, product, service, device, component, or part thereof. (3) Nothing in this section shall require that the design of, or design and selection of parts and components for, a consumer electronics, telecommunications, or computing product provide for a response to any particular technological measure, so long as such part or component, or the product in which such part or component is integrated, does not otherwise fall within the prohibitions of subsection (a)(2) or (b)(1). (4) Nothing in this section shall enlarge or diminish any rights of free speech or the press for activities using consumer electronics, telecommunications, or computing products. Fair Use and Circumvention Critics of the DMCA have often noted the absence of an explicit exception for circumvention to enable fair use. Section 103(c)(1) of the DMCA (17 U.S.C. Sec. 1201 (c)(1)) does state that [n]othing in this section shall affect rights, remedies, limitations, or defenses to copyright infringement, including fair use, under this title. However, a violation of the anti-circumvention provisions of the DMCA is not itself copyright infringement and therefore it is unclear whether fair use can be raised as a defense in circumvention cases. Courts have come out both ways on the issue. Some have held that the anti-circumvention provisions can only be violated when the circumvention has a connection to copyright infringement. For example, in Storage Tech. Corp. v. Custom Hardware Eng'g & Consulting, Inc., 421 F.3d 1307, 1318-19 (Fed. Cir. 2005) the Federal Circuit held that a copyright holder must show a connection to copyright infringement in order to succeed in a claim under the DMCA. Similarly, in Chamberlain Group, Inc. v. Skylink Technologies, Inc. 381 F.3d 1178 (Fed. Cir. 2004) the court held that distribution of a circumvention device (in that case a garage