LWN: Comments on "Software Freedom Conservancy's DMCA Exemption Requests Granted"

Software Freedom Conservancy's DMCA Exemption Requests (seemingly) Granted

NYKevin — Sun, 31 Oct 2021 21:38:08 +0000

This is a very valid point. The LOC never had the power to require vendors to do anything at all. It just carves out exceptions to the DMCA's anti-circumvention provisions, it doesn't have plenary power over How Copyright Works In General.

Software Freedom Conservancy's DMCA Exemption Requests (seemingly) Granted

khim — Sat, 30 Oct 2021 21:31:56 +0000

> I might be a bit pessimistic, but if i understand correct, this is a clear loss, as no hardware vendor got a duty to enpower their customers to run the code they want on the hardware they purchased.

You mean: in your universe hardware vendors had such a duty but now, after two universes merged, they no longer need to do that? That's sad story indeed, care to write article for the LWN?

For our universe this is clear win (albeit small) since in our universe hardware vendors never needed to offer anything and with these exemptions other may provide help.

This may not be a huge win some expected (why have they expected huge win?) but it's a clear win. Calling it “a loss” is just disingenuous.

Software Freedom Conservancy's DMCA Exemption Requests (seemingly) Granted

NYKevin — Sat, 30 Oct 2021 03:56:13 +0000

As I bemoaned in my other comment, the rules change every three years. By the time they have appropriate software and hardware prepared, the LOC will already be reconsidering the exemption.

Software Freedom Conservancy's DMCA Exemption Requests (seemingly) Granted

eacb — Fri, 29 Oct 2021 20:45:05 +0000

I might be a bit pessimistic, but if i understand correct, this is a clear loss, as no hardware vendor got a duty to enpower their customers to run the code they want on the hardware they purchased. This class-of-hardware case by case is flawed anyway, as many «smart TVs» could be seen as game console devices, some medical devices too («beat the tick» pacemakers for sarcastic instance). Just wondering how long it will take to routers vendors to implement sudoku in their administration console.

Software Freedom Conservancy's DMCA Exemption Requests Granted

flussence — Fri, 29 Oct 2021 16:59:05 +0000

Thank you SFC. It's a small victory, yet a massive one in a land where good things are like a distant memory.

Software Freedom Conservancy's DMCA Exemption Requests Granted

jebba — Fri, 29 Oct 2021 16:45:22 +0000

> When the preferences of economic elites and the stands of organized interest groups are controlled for, the preferences of the average American appear to have only a minuscule, near-zero, statistically non-significant impact upon public policy.

https://www.cambridge.org/core/services/aop-cambridge-cor...

Software Freedom Conservancy's DMCA Exemption Requests Granted

pwfxq — Fri, 29 Oct 2021 06:29:50 +0000

Changing the law every three years, [...] which is heavily dominated by lobbyists and corporate interests

Isn't that politicis in general? The rich/elite have the biggest influence.

Software Freedom Conservancy's DMCA Exemption Requests Granted

NYKevin — Thu, 28 Oct 2021 21:57:02 +0000

Bravo.

However, I must admit that I find this whole situation completely ridiculous. Changing the law every three years, through an opaque and bureaucratic rulemaking process, which is heavily dominated by lobbyists and corporate interests, is in no way sensible. Congress needs to either replace this bizarre system with a set of reasonable, permanent DMCA exemptions written into the statute, or else they need to just repeal the whole anti-circumvention provision altogether and admit that DRM has failed. It does not make logical sense that the SFC needs to keep going back to the LOC, hat in hand, every three years, and repeatedly justify the same DMCA exemptions over and over again.