[LINK] Fwd: vip-l: US permits phone-cracking and DVD copying exemptions to copyright law.

Jan Whitaker jwhit at melbpc.org.au
Sat Nov 25 20:52:08 AEDT 2006


>US permits phone-cracking and DVD copying exemptions to copyright law.
> >
> >
> >Thursday 23rd November 2006
> >PC Pro - London,UK
> >
> >
> >The US Library of Congress has approved a record number of exemptions
> >to copyright laws, granting permission for film and media studies
> >professors to crack DVD discs' DRM and for breaking software locks on
>mobile phones.
> >
> >In total, the Librarian of Congress, James H Billington has granted six
> >exemptions, the most ever, and for the first time has exempted groups
> >of users en masse, including phone recyclers and people working on
> >computer security.
> >
> >The Digital Millennium Copyright Act (DMCA), which introduced several
> >strict copyright protections into US law, stipulates that every three
> >years the Librarian examines the need for any exemptions and acts
>accordingly.
> >
> >The library's Copyright Office has determined that it will now be legal
> >to break and remove the software locks on phones so that they can be
> >used with any chosen carrier. Not only will this let consumers get full
> >value from their handsets, it will also increase the scope for the reuse of
>handsets.
> >
> >While permission for film studies professors to copy extracts from DVDs
> >has always existed under fair-use provisions, the new exemption gives
> >them the right to break the CSS copy-protection that encumbers most DVD
>discs.
> >
> >The change had been resisted by Hollywood, who suggested that VHS tape
> >extracts be used instead, but professors argued that DVDs preserve a
> >more accurate record of the original film print's colours and dimensions.
> >
> >Under the other exemptions introduced yesterday in the US, blind people
> >are now permitted to circumvent any DRM on electronic books, so that
> >they can use tools such as text-to-speech software to read them.
> >
> >The Copyright Office also authorised
> >
> >cracking the DRM on software where the technology to read it is no
> >longer available and if the software's use is restricted by a dongle
> >that is damaged and cannot be replaced. Finally, the Copyright Office
> >has given permission for testing DRM technologies on CDs for any
> >possible computer security vulnerabilities. This follows the widespread
> >use of two such technologies by Sony BMG which opened a significant
>security hole in Windows.
> >
> >The Electronic Frontier Foundation said it was disappointed that calls
> >for an exemption that would have allowed the copying of DVD content so
> >that it could be transferred to devices such as an iPod were rejected,
> >but nonetheless welcomed the changes.
> >
> >'I am very encouraged by the fact that the Copyright Office is willing
> >to recognise exemptions for archivists, cell phone recyclers and
> >computer security experts,' said Fred von Lohmann, an attorney for the
> >digital rights campaign group. 'Frankly I'm surprised and pleased they were
>granted.'
> >
> >Billington stressed that his ruling is not an indictment of the DMCA.
> >
> >'This is not a broad evaluation of the successes or failures of the DMCA,'
> >he said. 'The purpose of the proceeding is to determine whether current
> >technologies that control access to copyrighted works are diminishing
> >the ability of individuals to use works in lawful, non-infringing ways.'
> >
> >Full details of the six exemptions are listed in the Determination of
> >the Librarian of Congress and Text of the Regulation [PDF] while a
> >summary is online at copyright.gov/1201.
> >
> >
> >http://www.pcpro.co.uk/news/98556/us-permits-phonecracking-and-dvd-copy
> >ing-exemptions-to-copyright-law.html

Jan Whitaker
JLWhitaker Associates, Melbourne Victoria
jwhit at janwhitaker.com
business: http://www.janwhitaker.com
personal: http://www.janwhitaker.com/personal/
commentary: http://janwhitaker.com/jansblog/

'Seed planting is often the most important step. Without the seed, 
there is no plant.' - JW, April 2005
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