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Librarian of Congress Posts DMCA Exemptions

Posted by timothy on from the fair-use-bleeds-in-ditch dept.

MrNerdHair writes "The Librarian of Congress has posted a list of exemptions from the DMCA (also obtainable in PDF here.) Works falling in four 'classes' may be considered exempt from Section 1201 of the DMCA's prohibition against 'circumvention of a technological measure which effectively controls access to a work.' Among the list are blacklists of sites used in programs such as NetNanny and cracks to bypass dongles on abandonware. All in all, a very interesting read ..." Not just interesting: as Robin Gross writes, "Unfortunately, the ruling leaves the vast majority of consumers unable to access their own property, such as skipping commercials on DVDs, playing CDs in their PCs, and reading eBooks on PDA's without violating the DMCA." Update: 10/29 15:19 GMT by T : Take a look at Seth Finkelstein's site for an idea of how being pushy can sometimes be helpful; Finkelstein has loudly pushed for the importance of DMCA exemptions, including in Congressional testimony.

3 of 324 comments (clear)

  1. Re:What are my rights? - it's a very short list. by silentbozo · · Score: 3, Informative
    It's a very, very, very short list. You could print it on a t-shirt, or on a postcard. It's nice to know that we have SOME rights, but even then these exemptions are set to expire in 3 years. Here it is:
    (1) Compilations consisting of lists of Internet locations blocked by commercially marketed filtering software applications that are intended to prevent access to domains, websites or portions of websites, but not including lists of Internet locations blocked by software applications that operate exclusively to protect against damage to a computer or computer network or lists of Internet locations blocked by software applications that operate exclusively to prevent receipt of email.

    (2) Computer programs protected by dongles that prevent access due to malfunction or damage and which are obsolete.

    (3) Computer programs and video games distributed in formats that have become obsolete and which require the original media or hardware as a condition of access. A format shall be considered obsolete if the machine or system necessary to render perceptible a work stored in that format is no longer manufactured or is no longer reasonably available in the commercial marketplace.

    (4) 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 of the ebook's read-aloud function and that prevent the enabling of screen readers to render the text into a specialized format.

    Definitions. (1) "Internet locations" are defined to include domains, uniform resource locators (URLs), numeric IP addresses or any combination thereof. (3) "Obsolete" shall mean "no longer manufactured or reasonably available in the commercial marketplace." (3) "Specialized format," "digital text" and "authorized entities" shall have the same meaning as in 17 U.S.C. 121.

    These exemptions will remain in effect through October 27, 2006.
  2. Re:she? by Theatetus · · Score: 5, Informative

    As a matter of fact, he is a he.

    The LOC pretty much exists for two reasons:

    • Writing reports for Congress
    • Letting PhD candidates research
    His job is to set library policies that further those two goals.
    --
    All's true that is mistrusted
  3. Re:but it's NOT the consumers property by seanadams.com · · Score: 4, Informative

    We're not talking about the rights to the movie. We're talking about ownership of the EQUIPMENT and SOFTWARE to play it. If I want to go buy a DVD from Amazon.com or buy DRM-crippled music from the iTunes Music Store, then I'm free to do so. If I want to buy a DVD player from Fry's or an iPod from Apple, then I'm free to do so.

    Suppose I wanted to *lease* a DVD player (like a car) - then the lessor can impose restriction whatever restrictions he wants on me modifying HIS property, and I don't think anyone would find this unreasonable.

    However, if I want to modify my DVD player THAT I PAID FOR, FAIR AND SQURE, so I can skip commercials, then I should be free to do so. And if I want to write a program that can play the stuff on the DVD disc THAT I PAID FOR, then I should be free to do so.

    We are not asking for NEW allowances. The old copyright law was fine. It's the DMCA that has to go.