[Ecommerce] FYI: Exemptions from prohibition on circumvention of tech measures

Manon Ress manon.ress@cptech.org
Tue Oct 28 17:01:24 2003


  Rulemaking on Exemptions from Prohibition on Circumvention of
  Technological Measures that Control Access to Copyrighted Works

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

http://www.copyright.gov/1201/docs/librarian_statement_01.html
SNIP
 The Register of Copyrights and her staff have conducted a careful and
extensive evaluation of the entire record in the proceeding and
determined that proponents of exemptions have demonstrated that the
prohibition on circumventing access controls has had a substantial
adverse effect on the ability of people to make noninfringing uses of
four particular classes of copyrighted works. The Register has given me
her analysis and recommendation, and today I have signed a document
providing that persons making noninfringing uses of these four classes
of works will not be subject to the prohibition against circumventing
access controls during the next three years. The four classes of works are:

   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.
   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.

    Two of these classes of works are very similar to the two classes of
works that were exempted three years ago, but they have been modified to
take into account the somewhat different cases that were presented to
the Register this year. One of these two new classes of works will
provide some relief to libraries and archives in their preservation
activities, and the other will assist the blind and visually disabled in
their ability to gain meaningful access to digital materials.

--
Manon Anne Ress
Consumer Project on Technology
www.cptech.org
PO Box 19367, Washington, DC 20036
manon.ress@cptech.org, voice: 1.202.387.8030, fax: 1.202.234.5176