[A2k] DMCA rulemaking available

[Manon Ress]

More "classes of work subject to exemption" up to 6 this time (4 in
2003 and 2 in 2000).  In a few years maybe things should be
reversed:  if a "class of work" wants or needs to be "protected" the
burden is on the owner to explain why and how?

Note that these exemptions will go into effect upon publication in
the Federal Register on November 27, 2006 and will remain in effect
through October 27, 2009.

Good read for thansgiving.


<http://www.copyright.gov/1201/>

The Librarian of Congress, on the recommendation of the Register of
Copyrights, 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. =A7 1201(a)(1)) during the next three years.

1. Audiovisual works included in the educational library of a college
or university=92s film or media studies department, when circumvention
is accomplished for the purpose of making compilations of portions of
those works for educational use in the classroom by media studies or
film professors.

2. Computer programs and video games distributed in formats that have
become obsolete and that require the original media or hardware as a
condition of access, when circumvention is accomplished for the
purpose of preservation or archival reproduction of published digital
works by a library or archive. 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.

3. 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.

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 either of the book=92s read-aloud function or of screen
readers that render the text into a specialized format.

5. Computer programs in the form of firmware that enable wireless
telephone handsets to connect to a wireless telephone communication
network, when circumvention is accomplished for the sole purpose of
lawfully connecting to a wireless telephone communication network.

6. Sound recordings, and audiovisual works associated with those
sound recordings, distributed in compact disc format and protected by
technological protection measures that control access to lawfully
purchased works and create or exploit security flaws or
vulnerabilities that compromise the security of personal computers,
when circumvention is accomplished solely for the purpose of good
faith testing, investigating, or correcting such security flaws or
vulnerabilities.



************************************************
Manon Anne Ress
manon.ress@cptech.org,
www.cptech.org

Consumer Project on Technology
1621 Connecticut Ave, NW, Washington, DC 20009 USA
Tel.:  +1.202.332.2670, Ext 16 Fax: +1.202.332.2673

Consumer Project on Technology
1 Route des  Morillons, CP 2100, 1211 Geneva 2, Switzerland
Tel: +41 22 791 6727

Consumer Project on Technology
24 Highbury Crescent, London, N5 1RX, UK
Tel: +44(0)207 226 6663 ex 252 Fax: +44(0)207 354 0607