Conservancy Applies to Renew Key DMCA Exemption

[Deb Nicholson]

URL: https://sfconservancy.org/news/2020/jul/30/refile2020/

Conservancy has once again pushed for a renewal of the exemption to
smart TV's, effectively allowing people to install and use free
software on their own televisions. As part of a coalition with a group
of researchers, our Executive Director, Karen Sandler also participated
in filing the renewal application to continue the exemption for medical
devices filed by the USC's Gould School of Law. Both of these
exemptions must refiled in the triennial review process to ensure that
interacting with the software in these devices does not become
unlawful.

In 2015 the Digital Millenium Copyright Act (DMCA) was amended to
expand the exemption process within the original sweeping 1998
legislation that criminalized many types of digital tinkering and
improvements. The Copyright Office is tasked with soliciting and
approving proposed exemptions to the law every three years to allow
people to undertake non-infringing work on various devices. Many of the
activities that are proscribed by the DMCA would hamper security
research, interfere with commonplace after-market modifications to
users' devices or preclude trivial repairs by laypeople without clearly
described exemptions. Once renewals are filed, there is a period of
time for oppositions to those renewals to be filed. As in the past,
Conservancy has succeeded in explaining why the exemption for smart TVs
is so important and we are ready to respond to any opposition now.

Sandler says, "These filings are critical to make sure that we have
access and control of the software and data we need for our basic
safety. It's absurd that manufacturers use technological protection
measures to prevent consumers from having control of their own devices
and in particular to lockdown devices that rely on copylefted software
like is the case with smart TVs."

Conservancy first filed petitions to protect researchers and users from
the DMCA's overbearing anti-circumvention provisions in [2015](
https://sfconservancy.org/news/2017/oct/30/dmca-exemptions-renewed/).
The smart TV and medical device exemptions were renewed again in
[2017](https://sfconservancy.org/news/2015/feb/09/smartTV-DMCA/).

-- 
Deb Nicholson <deb at sfconservancy.org>
Software Freedom Conservancy