2 ms·

Apparently the discussed proceeding is open for comments right now [1]. Among the proposed exemption classes are unlocking abandoned software, unlocking custome

by twiss 12y ago

Apparently the discussed proceeding is open for comments right now [1]. Among the proposed exemption classes are unlocking abandoned software, unlocking customer devices, and security research. [1]: http://www.copyright.gov/1201/ http://www.copyright.gov/1201/

brownbat 12y ago
They break everything down into subcategories, rather than just providing an entry for "exempt all circumventions that are pursued exclusively to allow fair uses (or otherwise legal copying)." Petition number one, for example, from Eldridge Alexander, asked for this: http://copyright.gov/1201/2014/petitions/Alexander_Eldridge_1201_Initial_Submission_2014.pdf http://copyright.gov/1201/2014/petitions/Alexander_Eldridge_... The Copyright office's NPRM claims that it can only exempt narrow classes of works, rather than "all works in all media." http://copyright.gov/fedreg/2014/79fr73856.pdf http://copyright.gov/fedreg/2014/79fr73856.pdf They claim, "Sorry, we'd love to exempt all legal uses, but our hands are tied here... just look at all this legislative history..." Let's set aside the dismissive straw man that these requests as asking for exemption to everything. Let's set aside the whether legislative history should be considered binding on a regulatory agency. I'm most frustrated that, once given a list of over twenty narrow classes of technologies, often raising fair use considerations, they proceed to exempt maybe three or six and ignore the rest. According to Sec. 1201, the Librarian shall publish any class of copyrighted works for which the Librarian has determined, pursuant to the rulemaking conducted under subparagraph (C), that noninfringing uses by persons who are users of a copyrighted work are, or are likely to be, adversely affected. Sec. 1201, correctly applied, should ensure that ALL noninfringing uses are protected.

by twiss 12y ago

brownbat 12y ago

They break everything down into subcategories, rather than just providing an entry for "exempt all circumventions that are pursued exclusively to allow fair uses (or otherwise legal copying)." Petition number one, for example, from Eldridge Alexander, asked for this: http://copyright.gov/1201/2014/petitions/Alexander_Eldridge_1201_Initial_Submission_2014.pdf http://copyright.gov/1201/2014/petitions/Alexander_Eldridge_... The Copyright office's NPRM claims that it can only exempt narrow classes of works, rather than "all works in all media." http://copyright.gov/fedreg/2014/79fr73856.pdf http://copyright.gov/fedreg/2014/79fr73856.pdf They claim, "Sorry, we'd love to exempt all legal uses, but our hands are tied here... just look at all this legislative history..." Let's set aside the dismissive straw man that these requests as asking for exemption to everything. Let's set aside the whether legislative history should be considered binding on a regulatory agency. I'm most frustrated that, once given a list of over twenty narrow classes of technologies, often raising fair use considerations, they proceed to exempt maybe three or six and ignore the rest. According to Sec. 1201, the Librarian shall publish any class of copyrighted works for which the Librarian has determined, pursuant to the rulemaking conducted under subparagraph (C), that noninfringing uses by persons who are users of a copyrighted work are, or are likely to be, adversely affected. Sec. 1201, correctly applied, should ensure that ALL noninfringing uses are protected.