|| ||EFF Press <press-AT-eff.org> |
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|| ||EFF Seeks to Widen Exemptions Won in Last DMCA Rulemaking |
|| ||Thu, 01 Dec 2011 14:07:46 -0800|
|| ||Article, Thread
Electronic Frontier Foundation Media Release
For Immediate Release: Thursday, December 01, 2011
Intellectual Property Director
Electronic Frontier Foundation
+1 415 436-9333 x122
Senior Staff Attorney
Electronic Frontier Foundation
+1 415 436-9333 x116
EFF Seeks to Widen Exemptions Won in Last DMCA Rulemaking
Copyright Office Should Expand Legal Protections for
Jailbreakers and Video Artists
San Francisco - The Electronic Frontier Foundation (EFF)
urged the U.S. Copyright Office today to renew and expand
the critical exemptions to the Digital Millennium Copyright
Act (DMCA) granted last year in response to EFF's requests
to protect the rights of American consumers who modify
electronic gadgets and make remix videos.
In the exemption requests filed today, EFF asked the
Copyright Office to protect the "jailbreaking" of
smartphones, electronic tablets, and video game consoles -
liberating them to run operating systems and applications
from any source, not just those approved by the
manufacturer. EFF also asked for legal protections for
artists and critics who use excerpts from DVDs or
downloading services to create new, remixed works. These
exemptions build on and expand exemptions that EFF won last
year for jailbreakers and remix artists.
"The DMCA is supposed to block copyright infringement. But
instead it can be misused to threaten creators, innovators,
and consumers, discouraging them from making full and fair
use of their own property," said EFF Intellectual Property
Director Corynne McSherry. "Hobbyists and tinkerers who
want to modify their phones or video game consoles to run
software programs of their choice deserve protection under
the law. So do artists and critics who use short excerpts
of video content to create new works of commentary and
criticism. Copyright law shouldn't be stifling such uses -
it should be encouraging them."
EFF's requests are part of the Copyright Office's
rulemaking process, convened every three years to consider
exemptions to the DMCA's prohibitions on "circumventing"
digital rights management (DRM) and "other technical
protection measures" used to protect copyrighted works.
While this ban was meant to deter copyright infringement,
many have misused the law to chill competition, free
speech, and fair use. Exemptions are meant to mitigate the
harms the law has caused to legitimate, non-infringing uses
of copyrighted materials.
"We were thrilled that EFF won important exemptions to the
DMCA in the last rulemaking," said EFF Senior Staff
Attorney Marcia Hofmann. "But technology has evolved over
the last three years, and so it's important to expand these
exemptions to cover the real-world uses of smartphones,
tablets, video game consoles, DVDs, and video downloads."
In drafting the requests, EFF had the invaluable assistance
of the Samuelson Law, Technology & Public Policy Clinic at
the University of California, Berkeley, and the
Organization for Transformative Works.
The Copyright Office will hold hearings on the proposed
DMCA exemptions in the spring of 2012, with a final
rulemaking order expected in October 2012.
For the full exemption requests:
For more on DMCA rulemaking:
For this release:
The Electronic Frontier Foundation is the leading
organization protecting civil liberties in the digital
world. Founded in 1990, we defend free speech online, fight
illegal surveillance, promote the rights of digital
innovators, and work to ensure that the rights and freedoms
we enjoy are enhanced, rather than eroded, as our use of
technology grows. EFF is a member-supported organization.
Find out more at https://www.eff.org.
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