Comments of New Media Rights in the Matter of Exemption to Prohibition on Circumvention of Copyright Protection Systems for Access Control Technologies

14 Pages Posted: 13 Sep 2014

See all articles by Arthur H. Neill

Arthur H. Neill

New Media Rights; California Western School of Law

Benjamin Hoffman

Independent

Ashley Gray

Independent

Multiple version iconThere are 2 versions of this paper

Date Written: February 14, 2012

Abstract

These comments were submitted in support of multiple exemptions to the DMCA Anti-Circumvention provisions during the 2011-2012 proceeding, including access to DVD and online based audivisual works, as well as the right to install software of their choice on their smartphone or tablet.

Introduction: New Media Rights submits the following comments in response to the Notice of Inquiry of Exemption to Prohibition on Circumvention of Copyright Protection Systems for Access Control Technologies. In its Notice, the Copyright Office seeks comments on all proposed exemptions submitted before December 1, 2011.

These comments address the proposed exemptions requested by the Electronic Frontier Foundation (“EFF”), Proposed Classes 5, 7B, and 7C.

Proposed Class 5 includes “[c]omputer programs that enable wireless telephone handsets ("smartphones") and tablets to execute lawfully obtained software applications, where circumvention is undertaken for the purpose of enabling interoperability of such applications with computer programs on the handset or tablet.”

Proposed Class 7B includes “[a]udiovisual works on DVDs that are lawfully made and acquired and that are protected by the Content Scrambling System, where circumvention is undertaken for the purpose of extracting clips for inclusion in primarily noncommercial videos that do not infringe copyright, and the person engaging in the circumvention believes and has reasonable grounds for believing that circumvention is necessary to fulfill the purpose of the use.”

Proposed Class 7C includes “[a]udiovisual works that are lawfully made and acquired via online distribution services, where circumvention is undertaken for the purpose of extracting clips for inclusion in primarily noncommercial videos that do not infringe copyright, and the person engaging in the circumvention believes and has reasonable grounds for believing that circumvention is necessary to fulfill the purpose of the use, and the works in question are not readily available on DVD.

New Media Rights strongly supports the EFF’s proposed exemptions as they would not only benefit consumers, but are in harmony with the spirit, purpose, and law of Copyright Law.

Keywords: DMCA, Anti-circumvention, copyright, law

Suggested Citation

Neill, Arthur H. and Hoffman, Benjamin and Gray, Ashley, Comments of New Media Rights in the Matter of Exemption to Prohibition on Circumvention of Copyright Protection Systems for Access Control Technologies (February 14, 2012). Available at SSRN: https://ssrn.com/abstract=2480620 or http://dx.doi.org/10.2139/ssrn.2480620

Arthur H. Neill (Contact Author)

New Media Rights ( email )

1855 1st Ave., Suite 102
San Diego, CA 92101
United States

HOME PAGE: http://newmediarights.org

California Western School of Law ( email )

225 Cedar Street
San Diego, CA 92101
United States

HOME PAGE: http://cwsl.edu

Benjamin Hoffman

Independent ( email )

No Address Available

Ashley Gray

Independent ( email )

No Address Available

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