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2010 Exemptions for the DMCA: What's New
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2010 Exemptions for the DMCA: What's New

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An emerging tech talk on changes for the Digital Millennium Copyright Act.

An emerging tech talk on changes for the Digital Millennium Copyright Act.

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2010 Exemptions for the DMCA: What's New 2010 Exemptions for the DMCA: What's New Presentation Transcript

  • 2010 Exemptions for the DMCA: What’s New? Christian Burris September 16, 2010
  • A brief refresher…
    • The Digital Millennium Copyright Act (DMCA) was enacted in 1996
    • Primary purpose: “It criminalizes production and dissemination of technology, devices, or services intended to circumvent measures (commonly known as digital rights management or DRM) that control access to copyrighted works.” ( Wikipedia entry )
    • Secondary purpose: “It also criminalizes the act of circumventing an access control, whether or not there is actual infringement of copyright itself. In addition, the DMCA heightens the penalties for copyright infringement on the Internet.” ( Wikipedia entry )
  • Contents of the DMCA
    • Five provisions:
      • Title I: WIPO Copyright and Performances and Phonograms Treaties Implementation Act
      • Title II: Online Copyright Infringement Liability Limitation Act
      • Title III: Computer Maintenance Competition Assurance Act
      • Title IV: Miscellaneous Provisions
      • Title V: Vessel Hull Design Protection Act
  • However…
    • Provisions contain exemptions for “fair use”
    • 17 U.S.C. 1201(a)(1) requires Librarian of Congress to consider possible exemptions by the Copyright Office and issue a decision accordingly
    • Changes for exemptions are amended every three years
  • Break #1
    • A Fair(y) Use Tale
      • http://www.youtube.com/watch?v=CJn_jC4FNDo
  • Break #1
    • A Fair(y) Use Tale
      • http://www.youtube.com/watch?v=CJn_jC4FNDo
  • Latest exemptions
    • Issued July 26, 2010- cover six classes of works
      • Motion pictures on DVDs
      • Cellphone applications
      • Cellphone handsets
      • Video games
      • Computer programs protected by dongles
      • Ebooks
  • Exemption 1: Motion pictures on DVDs
    • What it says:
      • “ Motion pictures on DVDs that are lawfully made and acquired and that are protected by the Content Scrambling System when circumvention is accomplished solely in order to accomplish the incorporation of short portions of motion pictures into new works for the purpose of criticism or comment , and where the person engaging in circumvention believes and has reasonable grounds for believing that circumvention is necessary to fulfill the purpose of the use in the following instances:
        • (i) Educational uses by college and university professors and by college and university film and media studies students ;
          • (ii) Documentary filmmaking;
          • (iii) Noncommercial videos”
  • Exemption 1: Motion pictures on DVDs
    • What it means:
      • Excerpts of films can be used at colleges and universities by faculty in all academic programs and students in film and media studies programs
      • Video artists can create “mashups” as long as they aren’t used commercially
      • Copy protection software can be bypassed
      • “… for the purpose of criticism or comment”
  • Exemption 2: Cellphone applications
    • What it says:
      • “ Computer programs that enable wireless telephone handsets to execute software applications , where circumvention is accomplished for the sole purpose of enabling interoperability of such applications , when they have been lawfully obtained, with computer programs on the telephone handset.”
  • Exemption 2: Cellphone applications
    • What it means:
      • First instance of “jailbreaking” exemption
      • Specifically addresses iPhone programs unsupported by Apple (Google Voice, tethering)
      • Apple cannot legally prevent iPhone users from “jailbreaking” their phone to run the software, and they cannot seek punitive damages
      • Apple does not have to support “jailbroken” phones
  • Exemption 3: Cellphone handsets
    • What it says:
      • “ Computer programs, in the form of firmware or software, that enable used wireless telephone handsets to connect to a wireless telecommunications network , when circumvention is initiated by the owner of the copy of the computer program solely in order to connect to a wireless telecommunications network and access to the network is authorized by the operator of the network.”
  • Exemption 3: Cellphone handsets
    • What it means:
      • Second instance of “jailbreaking” exemption
      • Users can “unlock” their phones to use with different carriers (iPhones on Verizon network)
      • Apple does not have to support “jailbroken” phones
      • Could void warranties and support
  • Exemption 4: Video games
    • What it says:
      • “ Video games accessible on personal computers and protected by technological protection measures that control access to lawfully obtained works, when circumvention is accomplished solely for the purpose of good faith testing for, investigating, or correcting security flaws or vulnerabilities, if:
        • (i) The information derived from the security testing is used primarily to promote the security of the owner or operator of a computer, computer system, or computer network; and
        • (ii) The information derived from the security testing is used or maintained in a manner that does not facilitate copyright infringement or a violation of applicable law .”
  • Exemption 4: Video games
    • What it means:
      • DRM protections for video games can be bypassed for security testing by owners and/or operators of computer hardware
      • Users cannot make use of findings from security testing to violate existing copyright laws
  • Exemption 5: Computer programs protected by dongles
    • What it says:
      • “ 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;”
  • Exemption 5: Computer programs protected by dongles
    • What it means:
      • Physical devices for software authentication purposes, like a lock and key
      • If replacements to the dongles are no longer available, the programs they were protecting are open for use
      • Continues exemptions from 2003 and 2006
  • Exemption 6: Ebooks
    • What it says:
      • “ 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.”
  • Exemption 6: Ebooks
    • What it means:
      • Readers can enable the “read aloud” feature of an ebook reader
      • Screen readers can deliver the text from ebooks into alternate formats on the device, e.g. magnifying text
  • Break #2
    • Mashup example: Han Solo P.I.
      • http://www.youtube.com/watch?v=rYntjR4-pY4
  • Break #2
    • Mashup example: Han Solo P.I.
      • http://www.youtube.com/watch?v=rYntjR4-pY4
  • Analysis
    • Electronic Frontier Foundation says ruling offers “new legal protections for video artists, cellphone jailbreakers, and unlockers.”
    • Library Copyright Alliance praises the decision to give students and faculty of all disciplines the right circumvent copy protections
  • Analysis
    • Creating video clips from copy-protected DVDs now legal for university faculty of all disciplines
    • Regarded as the most sweeping exemption ruling on the DMCA yet, especially in terms of “jailbreaking”
    • Still early to determine consequences of ruling
    • Potential to expand the ebook market to more users
  • Links
    • U.S. Copyright Law
      • U.S. Copyright Office- Copyright Law, Chapter 12 http://www.copyright.gov/title17/92chap12.html#1201
      • Statement of the Librarian of Congress Relating to Section 1201 Rulemaking http://www.copyright.gov/1201/2010/Librarian-of-Congress-1201-Statement.html
    • Wikipedia
      • Digital Millennium Copyright Act http://en.wikipedia.org/wiki/DMCA
  • Links
    • Go Ahead, Jailbreak Your Smartphone http://chronicle.com/blogPost/Go-Ahead-Jailbreak-Your-Sm/25792/
    • Information on the New DMCA Exemptions http://chronicle.com/blogPost/Information-on-the-New-DMCA/25795/
    • Letting Us Rip: Our New Right to Fair Use of DVDs http://chronicle.com/blogPost/Letting-Us-Rip-Our-New-Right/25797/?sid=wc&utm_source=wc&utm_medium=en
  • Links
    • DMCA Changes: Copyright Rules Made More Flexible http://www.daniweb.com/news/story299581.html
    • EFF Wins New Legal Protections for Video Artists, Cell Phone Jailbreakers, and Unlockers http://www.eff.org/press/archives/2010/07/26
    • The jailbreaking exemption has its limits http://news.cnet.com/8301-13578_3-20012109-38.html?tag=mncol;2n
    • Library Copyright Alliance Press Release http://www.arl.org/news/pr/1201exempt-27july10.shtml
  • Questions?