in concert with that
person with that person's knowledge for use in circumventing protection
afforded by a technological measure that effectively protects a right of
a copyright owner under this title in a work or a portion thereof.

(2) As used in this subsection-

(A) to "circumvent protection afforded by a technological measure" means
avoiding, bypassing, removing, deactivating, or otherwise impairing a
technological measure; and

(B) a technological measure "effectively protects a right of a copyright
owner under this title" if the measure, in the ordinary course of its
operation, prevents, restricts, or otherwise limits the exercise of a
right of a copyright owner under this title.

(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.

(d) Exemption for Nonprofit Libraries, Archives, and Educational
Institutions.

(1) A nonprofit library, archives, or educational institution which
gains access to a commercially exploited copyrighted work solely in
order to make a good faith determination of whether to acquire a copy of
that work for the sole purpose of engaging in conduct permitted under
this title shall not be in violation of subsection (a)(1)(A). A copy of
a work to which access has been gained under this paragraph-

(A) may not be retained longer than necessary to make such good faith
determination; and

(B) may not be used for any other purpose.

(2) The exemption made available under paragraph (1) shall only apply
with respect to a work when an identical copy of that wo