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View Full Version : New DMCA Exemptions Granted by Library of Congress


TopherMartini
11-30-2006, 06:35 AM
http://www.eff.org/deeplinks/archives/005021.php

The DL.TV podcast had a short commentary of this news and it was almost too good to be true. After looking up the information on the EFF web site it seems to be... true! The podcast mentioned that they're trying to get a representative from the EFF to come on the show to discuss the exemptions.

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. § 1201(a)(1)) during the next three years.

1. Audiovisual works included in the educational library of a college or university’s 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’s 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.

EnlightenedPixel
11-30-2006, 02:14 PM
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.

So roms would be / are legal as long as the console is no longer in production?
Unfortunately that means that SNES games, and any GameBoy game is not legal as a rom because both are still able to be played on either a new gameboy console, OR, the re-manufactured SNES's that were announced some time last year by a company who bought the rights to make consoles for them.

PhantomDesign
11-30-2006, 05:52 PM
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.
This might help prevent people from being sued for discovering harmful DRMs, spyware, and other malicious software hidden within media CDs, and hopefully this will extend to other software aswell.

jewalker
11-30-2006, 07:40 PM
So roms would be / are legal as long as the console is no longer in production?


Yes, but only if you are a library attempting to archive them for historical purposes.

Fredl
11-30-2006, 07:44 PM
The DMCA (Digital Millenium Copyright Act) makes me glad I do not live inside the USA. It is designed to protect the cartels of the music and motion picture industry.

Music and cinema would thrive if the cartels didn't exist.

UrbanFuturistic
11-30-2006, 09:39 PM
Yes, but only if you are a library attempting to archive them for historical purposes.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. § 1201(a)(1)) during the next three years.In other words, 6 is entirely seperate from 1. 2-6 apply for everyone.

It still sucks donkey, but never mind eh?

pearson
11-30-2006, 11:51 PM
The library of congress gets to interpret legislation? Weird.

I hope the democrat controlled government can get the DMCA neutered. It's been beyond ridiculous for far too long.

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