Conservancy Files “Long Comments” for Its Three DMCA Exemptions

[Software Freedom Conservancy]

News Item: https://sfconservancy.org/news/2020/dec/15/dmca-exemptions-long-form/
Mastodon:  https://mastodon.technology/@conservancy/105386652790385153
Twitter:   https://twitter.com/conservancy/status/1338979742175748096

      Conservancy Files “Long Comments” for Its Three DMCA Exemptions
               Conservancy Fights for User Rights and Control

Software Freedom Conservancy filed its long-form comments yesterday in
support of three DMCA exemption requests in the Library of Congress'
Copyright Office Triennial Rulemaking process. The Digital Millenium
Copyright Act (DMCA) provides this process to grant temporary exemptions to
allow circumvention of technological protection measures (i.e., DRM) that
restrict access to copyrighted material.

The three exemptions, which Conservancy has shepherded through the 2021
process since September 2020, seek essential rights for those who wish to
exercise their software freedom. There were many great exemption requests
filed this round by many different organizations. The three that Conservancy
led were as follows:

  • Our first exemption request allows Conservancy and others to continue
    enforcement of copyleft licenses in the face of violators' efforts to
    thwart us with technological restrictions and the power of this law that,
    ironically, can make such work illegal. This exemption would permit
    circumvention of technological measures for purposes of investigating and
    confirming violations of FOSS license. Read more:
      Original Filing:
        https://downloads.regulations.gov/COLC-2020-0010-0049/attachment_1.pdf
      Newly Filed Long Comment:
        https://sfconservancy.org/docs/2020-12-14_Comment-Class-16_copyright-license-invesigation.pdf        

  • The second exemption is the first-ever attempt to gain a comprehensive
    exemption for network router FOSS projects such as our OpenWrt project.
    This exemption, if approved, would permit users, after-market, to
    install FOSS firmwares (such as OpenWrt) on wireless router hardware
    that has DRM'd firmwares from the manufacturer. Read more:

      Original Filing:
        https://downloads.regulations.gov/COLC-2020-0010-0052/attachment_1.pdf
      Newly Filed Long Comment:
        https://sfconservancy.org/docs/2020-12-14_Comment-Class-11_networking-devices.pdf

  • Our third exemption requests expansion of §1201(i) and the existing
    security research exemptions to also permit good-faith testing,
    investigation, and correction of privacy issues that are not otherwise
    covered by existing stautory or temporary exemptions. Read more:
      Original Filing:
        https://downloads.regulations.gov/COLC-2020-0010-0050/attachment_1.pdf
      Newly Filed Long Comment:
        https://sfconservancy.org/docs/2020-12-14_Comment-Class-13_privacy-research.pdf

Conservancy plans various blog posts this month that explain the DMCA
exemption process, where we are currently in that process this year, and
gives detailed non-legal explanations of our Long Comments.

Conservancy's annual fundraiser is currently underway with a generous match
donations from individuals who care deeply about software freedom and
Conservancy's work. You can support our efforts on these DMCA exemptions and
our other work by becoming a Supporter now.

Please note: while the Long Comment templates were indeed provided by the
Copyright Office in Microsoft Word format and say so at the top of each
document, we and our attorneys imported them into LibreOffice for
preparation and filing.
-- 
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