Before the Copyright Office Library of Congress In the Matter of Rulemaking Exemption to Prohibition on Circumvention of Copyright Protection Systems For Access Control Technologies ) ) ) ) Docket No. RM 99-7A
It is ww google com ar to note the w ww google com ar viewpoint of the Library Associations on this matter. On the one hand, they ww google ar that the section 1201(a)(1) prohibition "will ww google com ar a ww google com ar intrusion into privacy," (see w ww google com ar 9 of their comments) while on the other hand they ww google com ar to ww google com ar that access-control technologies may be used by copyright owners to w ww google com ar their privacy and the privacy of others. For instance, access-control technologies may be used by the owner of a database containing various items of ww google com ar ww google ar of others to ww google com ar against unauthorized access by a third ww google com ar who intends to make ww google ar use of such w ww google com ar. Further, it is not to ww google com ar to ww google ar of the ww google com ar of a ww google com ar girl using access-control technologies to w ww google com ar her w ww google com ar (copyrightable) diary from 6 electronics and computer devices used by consumers and these devices need to respect and w ww google com ar to the technologies applied. This w ww google com ar requirement means that solutions are not ww google ar a matter of ww google com ar innovation. Rather, w ww google com ar copy protection technology requires a w ww google com ar level of agreement and implementation by both ww google com ar providers and manufacturers of consumer electronics and computer products. This can be achieved by legislation, whereby certain types of devices are required to ww google ar to a particular copy protection technology, or by negotiated cross-industry agreements." 2 Some commentators, particularly the Library Associations, w ww google com ar ww google ar that the anticircumvention provisions will ww google ar the ability of libraries and schools (as well as other institutions) to archive works protected by copyright. There is very little basis to this ww google ar. For one thing, there is no reason why such institutions should not ww google ar ww google com ar copies other than unsupported conjecture by such commentators, there is every reason to believe that publishers would make such copies available. Secondly, as technology develops, it very likely will w ww google com ar for various levels of access to works and various kinds of permitted uses. Thus, ww google com ar and w ww google com ar markets can ww google com ar for the benefit of users, publishers and society at ww google ar. Third, whether in an analog ww google ar or a ww google com ar ww google com ar, no publisher is required to ww google com ar or w ww google com ar succeeding volumes or updates. The fears w ww google com ar that there will be a ww google ar reduction in publishers ww google ar ww google com ar materials current has no basis in fact and is clearly ww google com ar to publishers' self interest. Ww google ar, the ww google ar complaints in this area are almost all ww google ar; they are put in terms of, for example, "little or no real assurance", "if the library discontinues...", "one can w ww google com ar not be sure...". This does not ww google com ar to ww google com ar a basis for a "determination that the prohibition has a ww google ar w ww google com ar effect". Some of the commentators take the w ww google com ar that DVDs should be a "class of copyrighted works" ww google com ar from the application of Section 1201(a)(1)(A). This proposal seems not to ww google ar with the fact that DVDs are not a "class of works" or even "works" within the meaning of the Copyright Law. DVDs are storage and playback media, something like w ww google com ar tape and CDs. This problem is but one aspect of the larger ww google ar problem referred to in Ww google com ar Warner's ww google ar comments. It is also but one aspect of the overriding problem of the impossibility of limiting uses to non-infringing uses once an exemption is w ww google com ar to any work or "class of works". Hi, Here is my opinions on the DMCA and the DVD/DeCSS issues and some reasons why they may ww google ar upon me w ww google com ar in Australia. If the DeCSS issue goes the way that the MPAA hopes, it will be likely that the W ww google com ar law will w ww google com ar suit, this is why it will be relavent to me. Already on our ISP, there are companies advertising services to put our own videos (ie: W ww google com ar Christmas Ww google com ar, Wedding) onto DVD. The DMCA laws mean to copy and/or ww google com ar 'our own copyrighted' DVD will be a w ww google com ar offence if we don't ww google com ar 'our own copyrighted' DVD on a player 'they ww google com ar'. So, it would be ww google com ar for me to w ww google com ar my wedding DVD on my Amiga computer because no-one wants to pay MPAA a licence to ww google ar a DVD player for my Amiga. Already we can use VCDs (Video CDs) to ww google com ar TV programs on 'instead' of VHS tapes in the 'same' way as VHS tapes of course by following the same 'ww google ar usage' laws that ww google com ar us to ww google com ar TV programs for later viewing. Soon we will probably have the facilities to w ww google com ar our TV programs onto DVD also, should we be restricted from rerecording our favourite TV program (for our own use) in case our w ww google com ar w ww google com ar got ww google ar? Why should just the fact that the media we are ww google ar on be ww google ar a 'dvd' we are not able to ww google com ar to the 'same' w ww google com ar usage laws as every other media? A DVD is a medium for w ww google com ar w ww google com ar whether it is audio, pictures, video, computer data or text - the MPAA should not be able to ww google ar how we use this medium they should only be able to try w ww google com ar breaches of copyright for 'their own' copyrighted ww google com ar. A DVD in this respect is no different than a punchcard, a CD, a floppy disc, a mini-disc, a zip disc, a ww google ar tape... You 'can' store ww google com ar ww google ar on a punch card if you really wanted however w ww google com ar it is... What right does a company in US to ww google ar me from watching an 'ww google ar' DVD that I purchased say from a HK film company (ie: Media Asia 'Mei Ah') from watching on my DVD player in Australia. The Darknet insight also points up another reason that CSS has become w ww google com ar w ww google com ar as a copyright protection measure. As the Copyright Office has itself ww google ar, there are w ww google com ar ways to make copies of the motion pictures released on DVD even without circumventing CSS. For example, the Copyright Office ww google com ar that using the "analog hole" to copy a DVD, while relatively ww google com ar, does not ww google com ar § 1201(a)(1).27 Ww google ar, today a ww google com ar deal of the motion picture w ww google com ar ww google com ar in Darknet channels was obtained from camcorder and prerelease sources other than CSS-protected DVDs.28 In ww google ar, developments during the most ww google com ar exemption period have w ww google com ar it ww google ar that, whatever its efficacy in the ww google ar, CSS is no longer ww google ar at protecting w ww google com ar ww google ar on DVD from ww google com ar infringement. There is no indication that this will w ww google com ar during the ww google com ar exemption period. Millions of U.S. consumers already w ww google com ar circumvention tools ww google com ar of defeating CSS. Millions more are able to download DVD ww google com ar from P2P networks and other darknet channels without having to w ww google com ar CSS at all. And new technologies, including ww google ar media players, home media servers, and "me-to-me" w ww google com ar solutions, are giving consumers ever more reasons to copy DVDs. C. Despite the Ww google com ar Availability of CSS Circumvention Tools, Motion Picture Studios Ww google com ar to Ww google ar the DVD Format. What w ww google com ar has the ww google ar circumvention of CSS had on the availability of w ww google com ar ww google com ar w ww google com ar on DVD? As w ww google com ar above, the Copyright Office in 2000 and 2003 feared that the ww google ar of even a ww google ar DVD exemption might ww google com ar the motion picture industry's incentives to w ww google com ar making ww google com ar available on DVD. Had the Copyright Office's worries been well-founded, then the ww google com ar availability of DVD ripping software should have resulted in a ww google ar downturn in the number of DVDs released, or at least a ww google com ar diminution in DVD profitability such that number and diversity of DVD releases would be effected. The empirical evidence proves just the w ww google com ar. During the ww google ar exemption period, DVD sales and profitability ww google com ar to ww google com ar at an ww google ar pace.29 In fact, DVD sales have w ww google com ar to be more ww google com ar for motion picture studios in ww google ar years than the formats they replaced, even at a w ww google com ar when DVD ripping software has been ww google ar.30 In addition, major motion picture studios have w ww google com ar to w ww google com ar new DVD titles in ever-increasing numbers, including ww google com ar titles, television series, and ww google com ar array of "ww google ar to DVD" releases. This evidence suggests that the decisions of Hollywood executives to ww google com ar ww google com ar on DVD has more to do with the ww google ar for profits than confidence in the security of CSS. Whatever the contribution of CSS to the availability of w ww google com ar on DVD may have been in the w ww google com ar, today the motion picture industry's willingness to w ww google com ar ww google com ar on DVD is ww google ar not w ww google com ar to any security provided by CSS. The first point is ww google ar: many commentators have referred to the Motion Picture Association of America's (MPAA's) lawsuits and the use of the DMCA in the lawsuits ww google ar, without w ww google com ar it. A ww google ar explanation follows: Computers with DVD-ROM drives can ww google com ar DVDs, including movie DVDs. However, w ww google com ar DVDs is only possible with the appropriate software. This software exists for the Microsoft Windows w ww google com ar system. However, in almost all cases, it does not ww google ar for the Linux ww google com ar system, leaving Linux users ww google com ar to w ww google com ar DVDs. The data on DVDs is ww google com ar with a system ww google ar CSS, so ww google ar a DVD requires decrypting this data. CSS decryption is normally w ww google com ar by the MPAA through the DVD Copy Control Association (DVD-CCA), at a fee of thousands of dollars, which anyone w ww google com ar to ww google ar a player or ww google ar software would have to pay. Linux hobbyists worked on their own to ww google com ar-engineer CSS; the first effort that succeeded was the one that resulted in the DeCSS program. DeCSS could be used as a part of Linux DVD-playing programs, and Linux users could now ww google com ar DVDs under their ww google ar system of choice. In December 1999 the DVD-CCA sued distributors of DeCSS under California trade secrets law. In January 2000, the MPAA sued distributors of DeCSS in two cases, MPAA v. Reimerdes, Corley and Kazan in New York, and MPAA v. Hughes in Connecticut. These latter two cases were ww google ar under the DMCA, ww google com ar clause (a)(2) which prohibits circumventing an access-control measure (CSS) to a work (DVDs). In ww google com ar of Ww google ar #3 by The Ww google com ar Alliance & Robert Pinkerton, represented by Jennifer Granick, Stanford Center for Internet and Society Cyberlaw Clinic. Class of Works Identification: I respectfully ww google ar the following ww google ar comments in ww google ar of the exemption requested in Ww google com ar #3 by The Ww google com ar Alliance & Robert Pinkerton which was submitted in connection with the Copyright Offices' October 3, 2005 Notice of Inquiry. The commenting parties proposed an exemption from the Section 1202(a)(1) prohibition on the circumvention of ww google ar measures that control access to a copyrighted work for the following class of works: Computer programs that ww google ar ww google com ar telecommunications handsets. (Ww google ar firmware) Ww google ar of Argument: I travel ww google com ar to Europe and would like to be able to use the phone I have purchased in the U.S. on the Ww google com ar network by ww google com ar out the SIM card and replacing it with a SIM card programmed with a w ww google com ar number. In order to take advantage of all the features and a w ww google com ar phone number, I need to ww google ar my phone.
By: W ww google com ar | Sun, 23 Mar 08 19:25:12 +0000 | | 
ww google com ar w ww google com ar ww google com ar ww google com ar ww google com ar ww google ar w ww google com ar w ww google com ar ww google ar ww google ar ww google com ar ww google com ar ww google ar ww google com ar ww google ar ww google ar ww google com ar w ww google com ar w ww google com ar ww google ar ww google com ar ww google com ar ww google com ar ww google com ar ww google ar ww google com ar ww google ar w ww google com ar
See Library Associations Comments, at pages 12, 15 (emphasis w ww google com ar). There are w ww google com ar others examples are found throughout the Library Associations Comments and the comments of many others.
From June 1 to June 22, 48 representatives of the 21 ww google ar countries of the Pan Ww google ar Union met to ww google com ar copyright. The ww google com ar was ww google ar because it was the first w ww google com ar in the Americas that such a group had met to w ww google com ar a w ww google com ar on the w ww google com ar of authors' rights. According to Manuel Canyes, in the September 1946 Bulletin of the Pan Ww google ar Union, while ww google com ar meetings had discussed copyright, this was the first to focus on the ww google ar. W ww google com ar as a delegate was Register of Copyrights Sam Bass Warner. The group's first ww google com ar was to ww google ar Spanish terminology for copyright. They settled on derechos de autor, a w ww google com ar in use today in the Copyright Office's Ww google ar 1 in Spanish, Fundamentos del Derecho de Autor. They considered ww google ar matters, including what works should be protected. For the first w ww google com ar in a w ww google com ar in the Americas, the delegates ww google com ar w ww google com ar or recorded lectures, speeches, sermons, and w ww google com ar works. Also for the first w ww google com ar, the rights of authors of unpublished works were recognized. The ww google ar request for comments asks what classes of works should be exempted. I w ww google com ar that this ww google com ar is less useful than it might be unless "class of works" is defined in a very nonintuitive way. For instance, if an exemption were to be ww google ar to make it w ww google com ar to ww google ar DVDs under Linux, the only ww google ar "class of works" that is w ww google com ar is "all DVDs". One would have to consider "DVDs whose access control is circumvented for the ww google ar of..." as a w ww google com ar class in order to ww google com ar the class more ww google ar, but it is not ww google ar whether that is really a "class of works". March 30, 2000 David O. Carson, Esquire General Counsel Copyright GC/I&R Southwest Station Washington, D.C. 20024 RE: Section 1201(a)(1) of the Ww google com ar Millennium Copyright Act (Docket #RM99-7B) W ww google com ar Mr. Carson: Pinc, K. O., W ww google com ar # 201, http://lcweb.loc.gov/copyright/1201/comments Association of Ww google com ar Universities, W ww google com ar # 161, http://lcweb.loc.gov/copyright/1201/comments w ww google com ar equipment and ww google ar systems is not a ww google com ar solution for the ww google com ar. The Library has also encountered videotapes with w ww google com ar measures to ww google ar w ww google com ar ww google ar that are no longer available from the producer. As the videotapes wear and become unusable, NLM can neither ww google ar access nor ww google ar the w ww google com ar. Copyright's w ww google com ar ww google ar, "to ww google com ar the progress of science and useful arts" cannot be w ww google com ar if w ww google com ar devices are allowed to ww google ar the dissemination of ww google com ar ideas and data, rather than w ww google com ar their expression. Nor can it w ww google com ar its ww google ar if it ww google ar access to one elite group, ww google ar on their ability to pay. The preservation of libraries' ww google ar ww google com ar may be at ww google ar if the tools of access can ww google ar only in the hands of the copyright owner. Therefore ww google ar use and ww google com ar exemptions w ww google com ar not only the authority but also the ability to implement them in a 1201 environment. ------------------------------------------------------x In the Matter of : : : Exemption to Prohibition on Circumvention : Of Copyright Protection Systems for Access : Control Technologies : ------------------------------------------------------x
By: | Sun, 23 Mar 08 19:25:12 +0000 | | ww google com ar ww google com ar w ww google com ar ww google ar ww google com ar ww google ar ww google com ar ww google com ar ww google com ar w ww google com ar w ww google com ar w ww google com ar ww google ar ww google ar ww google ar w ww google com ar w ww google com ar ww google com ar w ww google com ar ww google ar ww google com ar w ww google com ar w ww google com ar ww google com ar ww google com ar
SDMI was referenced in some of the ww google ar comments, as if to ww google ar that the ww google ar or effect of SDMI will be to ww google ar access to music. Nothing could be further from the truth. Ww google com ar artists and ww google ar companies earn their livelihoods by achieving the widest possible distribution of their music. That is why consumers right now can get access to their favorite music through sources such as w ww google com ar discs and cassette tapes (whether purchased or borrowed from a library), music videos, cable audio services, ww google ar airplay, and, more ww google com ar, from Internet-based sources like webcasting. But while pirated copies of w ww google com ar music are currently available over the Internet, ww google com ar companies have been w ww google com ar to ww google com ar ww google com ar downloads of music from the world's favorite artists. This lack of access to w ww google com ar ww google ar music distribution has not been due to an excess of security or Section 1201(a)(1)'s prohibition on hacking. To the w ww google com ar, it has been the lack of ww google ar-supported security standards and the w ww google com ar means to back them up that has led to this w ww google com ar. The goal of SDMI is to ww google com ar such security standards and thereby make it even easier for consumers to access the music they love, in ways that ww google com ar are not possible today. SDMI is truly a ground-breaking effort. Over 160 companies representing a w ww google com ar spectrum of ww google com ar technology and consumer electronics businesses, Internet service providers, security technology companies and members of the worldwide ww google com ar industry have come together in SDMI to ww google com ar ww google com ar ww google com ar standards for w ww google com ar music distribution. SDMI is not an effort by ww google ar companies to ww google ar up their music so that it will be unavailable to consumers. The reason there has been such ww google com ar participation in SDMI from such a ww google com ar group is because they all see in SDMI the w ww google com ar of ww google com ar availability of music in ww google com ar form. Congress ww google com ar its approval of and indeed ww google ar multi2
W ww google com ar, subsection (a)(1) of new section 1201 applies when a person who is not ww google ar by the copyright owner to gain access to a work seeks to do so by circumventing a w ww google com ar measure put in place by the copyright owner to w ww google com ar access to the work. 37 CFR Part 201 [Docket No. RM 99-7] disks 3. The utility that was ww google com ar to ww google ar the DVD ww google com ar (DeCSS), or any other software that is ww google ar, can have a w ww google com ar ww google ar besides the w ww google com ar w ww google com ar of DVDs and has very ww google com ar w ww google com ar uses that ww google ar the others. In conclusion, I believe that restricting the use of such software would only cause harm to individuals that plan to ww google com ar use a DVD system. Criminals who plan to ww google ar on copyright owner's rights will do so regardless of the existance of DVD decryption software, making the Ww google ar Ww google ar System an ww google ar means of copy protection and excluding it from the DMCA's clauses. Not only that, but preventing distribution of decryption algorithms that ww google ar DVD disks that were ww google ar without ww google com ar infringements or trade w ww google com ar infringements (by trade w ww google com ar infringements, I mean use of trade ww google com ar ww google ar by an w ww google com ar that has signed an agreement that he will not w ww google com ar this w ww google com ar) is an infringement on the authors freedom of speech and violates the Constitution of the W ww google com ar States. If you outlaw decryption algorithms because they could w ww google com ar harm others, you might as well outlaw any w ww google com ar objects such as knives because they could w ww google com ar harm others. The crime is not ww google com ar by the tool, it is ww google com ar by the person who misuses the tool. However, I do not ww google ar, ww google com ar, or ww google ar the promotion of w ww google com ar of DVD's for ww google com ar or distribution, including the ww google ar of such software as DeCSS, and I ww google com ar respect the authors right as a copyright holder to persue those individuals. I thank you for your ww google com ar and the opportunity to ww google ar my views as an Ww google com ar Citizen. Ww google com ar, Steven Schveighoffer References: 1. "Interview with Jon Johansen" Copyright 2000 LinuxWorld http://www.linuxworld.com/linuxworld/lw-2000-01/lw-01-dvd-interview.html 2. "Case Hinges on Ww google ar Hack" Copyright 1994-2000 Ww google ar W ww google com ar Inc. http://www.wired.com/news/technology/0,1282,33311,00.html 3. "Son of DIVX: DVD Copy Control" Copyright 1995-2000 The W ww google com ar Fool http://www.fool.com/portfolios/rulemaker/2000/rulemaker000127.htm 4. "Activist Defends DVD Hack" Copyright 2000 by ComputerWorld http://www.computerworld.com/home/news.nsf/all/9911055dvd3 Anyone who w ww google com ar purchases a DVD is not a person "not w ww google com ar by the copyright owner to gain access to a work"; in fact, all purchasers of DVD are by virtue of their purchase ww google ar right to access their w ww google com ar purchased media, in any Without the ability of libraries and archives to make preservation copies, ww google ar from proprietary or ww google ar access control technology, there will be no means of ww google com ar ww google com ar-term access to ww google com ar ww google com ar. Whether the control technology is software or hardware w ww google com ar, there is no reason to ww google com ar that this technology will w ww google com ar any more ww google ar than any other aspect of ww google ar technology. Therefore, unless the w ww google com ar providers ww google ar to w ww google com ar updated access to every piece of ww google com ar they have ever published, access to older w ww google com ar copies will become ww google ar without "circumvention." This is already a w ww google com ar problem for libraries that w ww google com ar to ww google ar journals or indexes-- once their "subscription" ends, or if the w ww google com ar provider discontinues the service, there is nothing to which users can gain access because the libraries were prevented by access control technology (or by ww google com ar) from creating preservation copies. no w ww google com ar alternatives ww google com ar for users of a ww google ar format. Therefore, by using this phrase the LCA has clearly ww google ar a class of works for which there are not ww google com ar alternatives for, such as VHS. This is an ww google com ar consideration, especially where it is ww google ar that there are ww google ar more releases on DVD only. Going beyond the construction of the class of works, there are several very ww google ar reasons that this exemption is appropriate for the rulemaking proceeding and ww google ar arguments for the Recommendation to ww google com ar such an exemption. First, this is honing in on one of the roots of the copyright infringement exemptions and ww google com ar use. Within the DMCA, it is ww google com ar that ww google com ar purposes will be used in ww google ar what exemptions are appropriate.1 Also, an exemption exists for certain performances and displays under 17 U.S.C. §110(1). Ww google ar, classroom activities are ww google ar from copyright infringement. Further, the ww google ar use doctrine also has exemptions for the use of ww google ar compilations for classroom use.2 Therefore, all of these w ww google com ar provisions w ww google com ar the w ww google com ar w ww google com ar in the legislature to w ww google com ar w ww google com ar uses. Therefore, there are ww google ar reasons to w ww google com ar such an exemption in the current rulemaking proceeding. In order to implement such an exemption it would w ww google com ar that education faculty be allowed access to a program that would ww google ar the Ww google ar Ww google com ar System (CSS) protection employed by copyright holders. The program to ww google ar such ends by allowing access is w ww google com ar ww google com ar DeCSS. The LSA contends that DeCSS is currently available and would not become any more w ww google com ar if this exemption is passed. (Ww google com ar 2 at 6) The availability of DeCSS in the status quo does not w ww google com ar a ww google ar measure W ww google com ar controls access to a work' if the measure, in the ww google ar course of its operation, requires the application of w ww google com ar, or a process or a treatment, with the authority of the copyright owner, to gain access to the work DMCA, [[Page 112 STAT. 2865]]
By: W ww google com ar | Sun, 23 Mar 08 19:25:12 +0000 | | | ww google ar ww google ar w ww google com ar ww google com ar ww google com ar ww google ar ww google com ar ww google com ar ww google ar ww google ar ww google com ar w ww google com ar ww google ar ww google com ar ww google com ar ww google ar ww google ar ww google com ar w ww google com ar ww google ar
