DMCA Excemptions to "Copyright Protection Systems" Being Reconsidered

https://www.copyright.gov/1201/2024/

by activescott • 3 years ago

66 11 3 years ago

Every three years the Librarian of Congress publishes exceptions to the copy protection circumvention. The public can comment in support for renewing existing exemptions or adding new ones. Copyright holders or other can also lobby to remove exemptions. This covers fundamental access control technology such as encryption on everything from software to video to music to books.

This is also is more interesting as copyright holders consider the impact of allowing generative AI to train on their copyrighted works. Discuss!

saurik• 3 years ago

(current title) DMCA Excemptions to "Copyright Protection Systems" Being Reconsidered

"Reconsidered" is a very poor choice of wording here, as it makes it sound like they are intending to take back these exemptions, in the future tense. As someone involved in this process often, my heart skipped a beat when I saw this headline.

In fact, all but one existing exemption was renewed. I dug into the Registrar to figure out which one was not being recommended, as it was remarkably difficult to figure it out... the information ended up being in some footnote.

A renewal petition was not filed for the current exemption permitting circumvention of video games in the form of computer programs for the purpose of allowing an individual with a physical disability to use alternative software or hardware input methods. See 37 CFR 201.40(b)(21). The Office therefore will not recommend this exemption to the Librarian for renewal.

bombcar• 3 years ago

I wonder if that one fell through the cracks. I could see those who use them not realizing it was permitted by an act of the Librarian.

activescott4• 3 years ago

My understanding is that the exemptions are made every three years and only for a three year period. So while the LOC isn't necessarily _intending_ to take back exemptions, their is not necessarily an intention to leave them in place for another three years. As you noted, this time around an exemption that existed previously is no longer granted. I certainly didn't mean to make your heart skip a beat, but we also shouldn't take the exemptions there for granted.

ballenf• 3 years ago

So strange that to maintain the public's rights, they have to organize and petition every three years to individually keep each one. Seems like that once granted, the default should be against revoking exemptions.

activescott4• 3 years ago

What a great point. Why is it that the peoples' rights require renewal every three years, rather than the restrictions of the peoples' rights that require renewal?

bfdm• 3 years ago

We really ought to just nullify DMCA 1201 entirely, but at an absolute minimum it must not apply to otherwise lawful pruposes.

This can be packaged with right-to-repair alongside explicit allowance for interop.

ronsor• 3 years ago

I think there's an argument that section 1201 is unconstitutional.

zuminator• 3 years ago

I know it's just a typo, but excemptions is an amusing portmanteau of exemptions and exceptions.

activescott4• 3 years ago

Lol. I’m so classy

KirillPanov• 3 years ago

and excretions.

DMCA Excemptions to "Copyright Protection Systems" Being Reconsidered

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