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DVD Cases: Help by Commenting to Feds on DMCA
Paul Burchard writes "The Copyright office is
requesting comments
by Feb. 10, 2000,
on how broadly to interpret the exemptions in the Digital Millennium Copyright Act (DMCA) to its provisions against circumventing copy-protection technologies.
As these features of the DMCA have been cited by lawyers from both sides in the DeCSS cases,
the interpretation of the exemptions appears to still be up for grabs -- your comments could make a difference." Get involved and do this now.
Could someone post their letter here so those of use who are not the best writers or just don't have as much info on this case can get an idea of what should go into these comments? I'd like to help but I'm not sure exactly what would be the most effective way to do it (unless "DeCSS rules!" counts as a good comment...)
My other
The DVD case going on in New York is putting the DCMA to the test. We've already lost round one--the preliminary injuction was granted as all of you read.
This case has more significant ramifications than the California case that I'm involved with.
Please read the OpenDVD advocacy how-to at http://www.opendvd.org/advocacy.html
Flamers... please skip the rest of this message. We don't want your help.
The federal government is accepting comments via email at 1201@loc.gov. Use reason to argue why reverse engineering must be allowed for the purposes of interoperability.
The most obvious reason is that it promotes competition. It also empowers consumers.
Here's a summary of exactly what they are accepting comments on...
SUMMARY: The Copyright Office of the Library of Congress is preparing
to conduct proceedings to make recommendations in accordance with
section 1201(a)(1) of the Copyright Act, 17 U.S.C. 1201(a)(1), which
was added by the Digital Millennium Copyright Act and which provides
that the Librarian of Congress may exempt certain classes of works from
the prohibition against circumventing a technological measure that
controls access to a copyrighted work. The purpose of this rulemaking
proceeding is to determine whether there are classes of works as to
which users are, or are likely to be, adversely affected in their
ability to make noninfringing uses if they are prohibited from
circumventing such technological measures. This notice requests written
comments from all interested parties, including representatives of
copyright owners, educational institutions, libraries and archives,
scholars, researchers and members of the public, in order to elicit
information and views on whether noninfringing uses of certain classes
of works are, or are likely to be, adversely affected by such
prohibition.
The purpose of this rulemaking proceeding is to determine whether there are classes of works as to which users are, or are likely to be, adversely affected in their ability to make noninfringing uses if they are prohibited from circumventing such technological measures. This notice requests written comments from all interested parties,
If you are going to respond by e-mail, here is the address of the OGC.
If you are going to use snail mail, comments should be addressed to:
David O. Carson, General Counsel
Copyright GC/ I&R, PO Box 70400
Southwest Station, Washington, DC 20024.
Never knock on Death's door:
More race stuff in one place,
than any one place on the net.
You must answer some or all of the questions posed in the request for comments for your letter to have any effect. Also, the questions will help focus your letters on the issues that are relevent to this situation. Here are the questions::
5. Specific Questions
The Office seeks comment on the following specific questions.
Persons submitting comments need not address all questions, but are
encouraged to respond to those as to which they have particular
knowledge or information. Persons submitting comments are encouraged to
submit concrete evidence, examples and data supporting their responses
to these questions. Such submissions will carry greater weight than
unsupported allegations and predictions.
In response to each question, persons submitting comments are
requested to distinguish between (a) their response with respect to the
current state of affairs, and (b) their response with respect to the
state of affairs that is likely to exist during the period between
October 28, 2000 and October 28, 2003. For example, in responding to
Question No. 3, persons submitting comments are requested to state (a)
what technological measures that effectively control access to
copyrighted works exist today, and (b) what new technological measures
that effectively control access to copyrighted works are likely to be
introduced between October 28, 2000 and October 28, 2003. In discussing
the state of affairs that is likely to exist during the period between
October 28, 2000 and October 28, 2003, persons submitting comments
should explain the basis for their projections.
A. Technological Measures
1. What technological measures that effectively control access to
copyrighted works exist today?
2. Do different technological measures have different effects on
the ability of users to make noninfringing uses? Can and should the
Librarian take account of those different effects in determining
whether to exempt any classes of works from the anticircumvention
provisions of section 1201? If so, how? In determining what constitutes
a class of works?
B. Availability of Works
3. How has the use of technological measures that effectively
control access to copyrighted works affected the availability of such
works to persons who are or desire to be lawful users of such works?
4. Are there specific works or classes of works that, because of
the implementation of such technological measures, have become
unavailable to persons who desire to be lawful users of such works? If
so, identify those works or classes of works and explain how they have
become unavailable.
5. Are there specific works or classes of works which, because of
the implementation of such technological measures, have become less
available to persons who desire to be lawful users of such works? If
so, identify those works or classes of works, explain the ways in which
they have become less available, and explain whether those works or
classes of works are also available in other formats to which such
technological measures have not been applied.
6. If there are works that are available both in formats to which
technological measures have been applied and in formats to which
technological measures have not been applied, to what extent can the
works in the latter formats substitute for the works in the formats to
which technological measures have been applied?
7. Are there works or classes of works that are available only
electronically and only in formats to which such technological measures
have been applied? If so, what are they?
C. Availability of Works for Nonprofit Archival, Preservation, and
Educational Purposes
8. Has the use of technological measures that effectively control
access to copyrighted works affected the availability of such works for
nonprofit archival purposes? If so, how? Are there specific works or
classes of works that have been affected in this respect? If so,
identify them, explain how they have been affected, and explain whether
those works or classes of works are also available in other formats to
which such technological measures have not been applied.
9. Has the use of technological measures that effectively control
access to copyrighted works created problems with respect to the
preservation of such works? If so, how? Are there specific works or
classes of works that have been affected in this respect? If so,
identify them and explain how they have been affected.
10. Has the use of technological measures that effectively control
access to copyrighted works affected the availability of such works for
nonprofit educational purposes? If so, how? Are there specific works or
classes of works that have been affected in this respect? If so,
identify them, explain how they have been affected, and explain whether
those works or classes of works are also available in other formats to
which such technological measures have not been applied.
11. For purposes of this rulemaking, in classifying works that are
to be exempted from the prohibition against circumvention of
technological measures that control access, should any classes of works
be defined, in part, based on whether the works are being used for
nonprofit archival, preservation, and/or educational purposes? (E.g.,
``new broadcasts'' may not be an exempted class of works, but ``news
broadcasts used in the course of face-to-face teaching activities of a
nonprofit educational institution, in a classroom or similar place of
instruction,'' may be an exempted class.) Explain why or why not.
D. Impact on Criticism, Comment, News Reporting, Teaching, Scholarship,
or Research
12. What impact has the use of technological measures that
effectively control access to copyrighted works had on the ability of
interested persons to engage in criticism, comment, news
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reporting, teaching, scholarship, or research?
13. What impact has the use of technological measures that
effectively control access to copyrighted works had on the ability of
interested persons to engage in noninfringing uses of such works,
including fair use and activities permitted by exemptions prescribed by
law?
14. Are there specific works or classes of works with respect to
which the ability of interested persons to engage in criticism,
comment, news reporting, teaching, scholarship, or research has been
hindered because of the implementation of such technological measures?
If so, identify them, explain how such activities have been hindered,
and explain whether those works or classes of works are also available
in other formats to which such technological measures have not been
applied.
15. Are there specific works or classes of works with respect to
which the ability of interested persons to engage in noninfringing uses
has been hindered because of the implementation of such technological
measures? If so, identify them, explain how such activities have been
hindered, and explain whether those works or classes of works are also
available in other formats to which such technological measures have
not been applied.
16. For purposes of this rulemaking, in classifying works that are
to be exempted from the prohibition against circumvention of
technological measures that control access, should any classes of works
be defined, in part, based on whether the works are being used for
purposes of criticism, comment, news reporting, teaching, scholarship,
or research? Explain why or why not.
17. For purposes of this rulemaking, in classifying works that are
to be exempted from the prohibition against circumvention of
technological measures that control access, should any classes of works
be defined, in part, based on whether the works are being used in ways
that do not constitute copyright infringement, e.g., as fair use or in
a manner permitted by exemptions prescribed by law? Explain why or why
not.
E. Effect of Circumvention on the Market for or Value of Copyrighted
Works
18. In what ways can technological measures that effectively
control access to copyrighted works be circumvented? How widespread is
such circumvention?
19. Has such circumvention (or the likelihood of circumvention) had
any impact on the price of copyrighted works? Please explain.
20. Has such circumvention (or the likelihood of circumvention) had
any impact on the availability of copyrighted works? In particular
formats or in all formats? Please explain.
21. Has such circumvention had any other impact on the marketing of
copyrighted works? If so, please explain the impact and which works or
classes of works have been affected.
22. Do the answers to any of these questions relating to the effect
of circumvention on the market for or value of copyrighted works depend
upon the class of work? Please explain.
F. Other Factors and Questions
23. For purposes of this rulemaking, what criteria should be used
in determining what is a ``class'' of copyrighted works?
24. With respect to any adverse effect on use of or access to
copyrighted works that has been identified in response to any of the
preceding questions, is there an explanation for the adverse effect
other than the presence of technological measures that effectively
control access to copyrighted works?
25. Has the use of technological measures that effectively control
access to copyrighted works resulted in making copyrighted works more
widely available? Please explain.
26. Has the use of technological measures that effectively control
access to copyrighted works resulted in facilitating lawful uses of
copyrighted works?
27. Are there other factors that should be taken into account? If
so, please identify and address those factors.
28. What other comments, if any, do you have?
29. Do you wish to testify at a hearing to be conducted by the
Copyright Office in connection with this rulemaking?
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