[778] in Privacy_Forum
[ PRIVACY Forum ] Library of Congress apparently adds
daemon@ATHENA.MIT.EDU (privacy@vortex.com)
Mon Jul 26 12:53:55 2010
Date: Mon, 26 Jul 2010 09:27:39 -0700
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----- Forwarded message from "James S. Tyre" <jstyre@jstyre.com> -----
Date: Mon, 26 Jul 2010 09:07:57 -0700
From: "James S. Tyre" <jstyre@jstyre.com>
Subject: [ NNSquad ] Re: Library of Congress apparently
adds jailbreaking/rooting of devices to DMCA exceptions
To: Lauren Weinstein <lauren@vortex.com>, nnsquad@nnsquad.org
At 08:49 AM 7/26/2010 -0700, Lauren Weinstein wrote:
> Library of Congress apparently adds jailbreaking/rooting of devices to
> DMCA exceptions
>
> http://bit.ly/aLXRFp (Engadget)
As part of the Librarian of Congress triennial rulemaking under DMCA 1201,
six exemptions were approved. Full text of the exemptions below, more at
<http://www.copyright.gov/1201/index.html>:
The Librarian of Congress has announced the classes of works subject to the
exemption from the prohibition against circumvention of technological
measures that control access to copyrighted works. Persons making
noninfringing uses of the following six classes of works will not be
subject to the prohibition against circumventing access controls (17 U.S.C.
§ 1201(a)(1)) until the conclusion of the next rulemaking.
(1) Motion pictures on DVDs that are lawfully made and acquired and that
are protected by the Content Scrambling System when circumvention is
accomplished solely in order to accomplish the incorporation of short
portions of motion pictures into new works for the purpose of criticism or
comment, and where the person engaging in circumvention believes and has
reasonable grounds for believing that circumvention is necessary to fulfill
the purpose of the use in the following instances:
(i) Educational uses by college and university professors and by college
and university film and media studies students;
(ii) Documentary filmmaking;
(iii) Noncommercial videos.
(2) Computer programs that enable wireless telephone handsets to execute
software applications, where circumvention is accomplished for the sole
purpose of enabling interoperability of such applications, when they have
been lawfully obtained, with computer programs on the telephone handset.
(3) Computer programs, in the form of firmware or software, that enable
used wireless telephone handsets to connect to a wireless
telecommunications network, when circumvention is initiated by the owner of
the copy of the computer program solely in order to connect to a wireless
telecommunications network and access to the network is authorized by the
operator of the network.
(4) Video games accessible on personal computers and protected by
technological protection measures that control access to lawfully obtained
works, when circumvention is accomplished solely for the purpose of good
faith testing for, investigating, or correcting security flaws or
vulnerabilities, if:
(i) The information derived from the security testing is used primarily to
promote the security of the owner or operator of a computer, computer
system, or computer network; and
(ii) The information derived from the security testing is used or
maintained in a manner that does not facilitate copyright infringement or a
violation of applicable law.
(5) Computer programs protected by dongles that prevent access due to
malfunction or damage and which are obsolete. A dongle shall be considered
obsolete if it is no longer manufactured or if a replacement or repair is
no longer reasonably available in the commercial marketplace; and
(6) Literary works distributed in ebook format when all existing ebook
editions of the work (including digital text editions made available by
authorized entities) contain access controls that prevent the enabling
either of the book’s read-aloud function or of screen readers that render
the text into a specialized format.
--------------------------------------------------------------------
James S. Tyre jstyre@jstyre.com
Law Offices of James S. Tyre 310-839-4114/310-839-4602(fax)
10736 Jefferson Blvd., #512 Culver City, CA 90230-4969
Co-founder, The Censorware Project http://censorware.net
Policy Fellow, Electronic Frontier Foundation http://www.eff.org
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