Win for Software Freedom on TVs: Librarian of Congress Adopts DMCA Exemption for Smart TVs

[Karen Sandler]

URL:
http://sfconservancy.org/news/2015/oct/27/DMCA-win/

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Win for Software Freedom on TVs: Librarian of Congress Adopts DMCA 
Exemption for Smart TVs
Conservancy Succeeds with Exemption Petition

Software Freedom Conservancy is pleased to announce that the Librarian 
of Congress adopted an exemption for Smart TVs as part of its final rule 
Exemption to Prohibition on Circumvention of Copyright Protection 
Systems for Access Control Technologies, published today. The rule 
favorably discusses Conservancy's request, dismisses the opposition's 
key points and sets forth an exemption for Smart TVs. This process is 
undertaken every three years to consider whether exemptions should be 
granted to the DMCA's restrictions on circumventing technical protection 
measures and DRM in copyrighted works. Conservancy's pro bono counsel, 
Tor Ekeland, P.C, prepared Conservancy's requests and responses, and 
partner Aaron Williamson testified on Conservancy's behalf at the public 
hearings.

“We're grateful to the Register of Copyrights and the Librarian of 
Congress for acknowledging the rights of free software developers and 
leaving Smart TV owners room to hack their own TVs,“ said Williamson.

Both the National Telecommunications and Information Administration 
(NTIA) and the Register of Copyrights, who conducts the rulemaking 
proceedings, supported Conservancy's request. The Register's 
Recommendations discuss Conservancy's request in 15 pages of detailed 
analysis, both of the appropriateness of the exemption and the legal 
analysis around fair use. The NTIA in their letter notes that “although 
this is the first time that an exemption for smart TVs has been 
requested...in many ways this class is similar to the circumvention of 
access controls in mobile devices for software interoperability.“

The granted exemption, while narrower than Conservancy requested, 
explicitly allows circumvention for enabling interoperability of 
computer programs on Smart TVs.

Conservancy's Executive Director, Karen Sandler, also participated in an 
exemption request as part of a coalition of medical device researchers, 
which was prepared by Andrew Sellars and the Cyberlaw Clinic at the 
Berkman Center for Internet & Society of Harvard Law School. The 
Librarian also granted an exemption responding to this request, which 
after a 12 month period also allows circumvention for the purpose of 
good faith security research.

“I'm thrilled that the Librarian of Congress has agreed, by granting 
these exemptions, to protect people's right to modify their TVs and 
explore the safety of their medical devices without fear,“ said Sandler.

Conservancy thanks Tor Ekeland and the over 1700 individuals who filed 
comments in support of the request.