The EFF requested an exemption for "audiovisual works on DVD, where circumvention is undertaken solely for the purpose of extracting clips for inclusion in noncommercial videos that do not infringe copyright."
I proposed an exemption for "motion pictures protected by anti-access measures, such that access to the motion picture content requires use of a certain platform." This was targeted at the inability of Linux users to legally watch DVDs on Linux: no legal DVD player exists for most Linux distributions. I argued that converting DVDs to video files for personal viewing was fair use, and that the anticircumvention rule harmed consumers' ability to use their legally purchased media. I also argued that it harmed Linux developers, who cannot compete with Windows and Mac OS X on fair ground. This is because DVD players cannot be included with any Linux distribution that is free to download (for royalty reasons), and the appeal of Linux to ordinary users suffers commensurately. Without this exemption, the DMCA favors major incumbent operating systems, and thwarts the possibility for a disruptive and innovative technology like Linux to enter the market.
I thoroughly doubt that this exemption would be granted, but I will be interested to read the Register's response.
The EFF requested an exemption for "audiovisual works on DVD, where circumvention is undertaken solely for the purpose of extracting clips for inclusion in noncommercial videos that do not infringe copyright."
I proposed an exemption for "motion pictures protected by anti-access measures, such that access to the motion picture content requires use of a certain platform." This was targeted at the inability of Linux users to legally watch DVDs on Linux: no legal DVD player exists for most Linux distributions. I argued that converting DVDs to video files for personal viewing was fair use, and that the anticircumvention rule harmed consumers' ability to use their legally purchased media. I also argued that it harmed Linux developers, who cannot compete with Windows and Mac OS X on fair ground. This is because DVD players cannot be included with any Linux distribution that is free to download (for royalty reasons), and the appeal of Linux to ordinary users suffers commensurately. Without this exemption, the DMCA favors major incumbent operating systems, and thwarts the possibility for a disruptive and innovative technology like Linux to enter the market.
I thoroughly doubt that this exemption would be granted, but I will be interested to read the Register's response.
Mark Rizik