AfterDawn: Tech news

New DMCA exemptions granted

Written by James Delahunty (Google+) @ 22 Nov 2006 20:38 User comments (47)

New DMCA exemptions granted On Wednesday, the Copyright Office/Library of congress published its determination in the latest triennial exemption rule-making. Congress mandated that the register of copyrights revisit the anti-circumvention provisions in the Digital Millennium Copyright Act (DMCA) every three years to ensure that consumers have proper access to things they have purchased. Six exemptions were granted.
Among the exemptions is protection for security researchers if they come up against another DRM technology that puts the security of computers at risk. Such an example was seen with Sony BMG's controversial protected CDs that used rootkit-like techniques to hide the protection deep in a Windows operating system.

Persons making noninfringing uses of the following six classes of works will not be subject to the prohibition against circumventing access controls (17 U.S.C. § 1201(a)(1)) during the next three years.

1. Audiovisual works included in the educational library of a college or university’s film or media studies department, when circumvention is accomplished for the purpose of making compilations of portions of those works for educational use in the classroom by media studies or film professors.

2. Computer programs and video games distributed in formats that have become obsolete and that require the original media or hardware as a condition of access, when circumvention is accomplished for the purpose of preservation or archival reproduction of published digital works by a library or archive. A format shall be considered obsolete if the machine or system necessary to render perceptible a work stored in that format is no longer manufactured or is no longer reasonably available in the commercial marketplace.

3. Computer programs protected by dongles that prevent access due to malfunction or damage and which are obsolete. A dongle shall be considered obsolete if it is no longer manufactured or if a replacement or repair is no longer reasonably available in the commercial marketplace.

4. Literary works distributed in ebook format when all existing ebook editions of the work (including digital text editions made available by authorized entities) contain access controls that prevent the enabling either of the book’s read-aloud function or of screen readers that render the text into a specialized format.

5. Computer programs in the form of firmware that enable wireless telephone handsets to connect to a wireless telephone communication network, when circumvention is accomplished for the sole purpose of lawfully connecting to a wireless telephone communication network.

6. Sound recordings, and audiovisual works associated with those sound recordings, distributed in compact disc format and protected by technological protection measures that control access to lawfully purchased works and create or exploit security flaws or vulnerabilities that compromise the security of personal computers, when circumvention is accomplished solely for the purpose of good faith testing, investigating, or correcting such security flaws or vulnerabilities.
While the exemptions do highlight cases where the DMCA cripples fair use, all the proposed exemptions that would benefit consumers were denied (space-shifting, region coding, backing up DVDs etc.)

Source:
Electronic Frontier Foundation

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47 user comments

123.11.2006 5:18

thus why to me the DMCA dos not exsist because it breaks FAIR USE and the the fair use law came frist and is mroe reasonable this DMCA FAILS.

224.11.2006 0:24

What exactly is five about how does that have anything to do with DMCA?

324.11.2006 7:00

good now i have a clearer understanding of the stupid monopolistic laws that (try to) limit what i can do with my own things that i bought and slow down social progress for the purpose of keeping a small number of rich dudes rich. way to serve the public good!

424.11.2006 8:41

so i guess .ISOs are out of the question?!

525.11.2006 9:16
gogochar
Inactive

Originally posted by TheJoxter:
What exactly is five about how does that have anything to do with DMCA?
Good question. I guess they see it as a copyright something or other. Who knows. Next thing you know, we can't hack into our watches because that's some kind of copyright infringment.
This message has been edited since its posting. Latest edit was made on 25 Nov 2006 @ 9:17

625.11.2006 9:16
gogochar
Inactive

Deleted.

This message has been edited since its posting. Latest edit was made on 25 Nov 2006 @ 9:17

725.11.2006 14:10

am I correct in think that #2 makes emulators / roms more legal for systems that are no longer developed or for sale eg: NES SNES Faricom SuperFaircom Sega (cartrage not cd) game boy (not shure compabible with newer ones) virtual boy atari's systems etc. if a user is developing a non comertal archive of the titles etc.?

825.11.2006 14:49

5. Computer programs in the form of firmware that enable wireless telephone handsets to connect to a wireless telephone communication network, when circumvention is accomplished for the sole purpose of lawfully connecting to a wireless telephone communication network. this means if you have to hack/adjust or use non approved firmware to get "said device" to work that its ok on everything else its illict 0-o.

925.11.2006 14:50

2. Computer programs and video games distributed in formats that have become obsolete and that require the original media or hardware as a condition of access, when circumvention is accomplished for the purpose of preservation or archival reproduction of published digital works by a library or archive. A format shall be considered obsolete if the machine or system necessary to render perceptible a work stored in that format is no longer manufactured or is no longer reasonably available in the commercial marketplace. to them "reasonably available" means if you can buy it of ebay under 200$ >>

1026.11.2006 13:43

Quote:
2. Computer programs and video games distributed in formats that have become obsolete and that require the original media or hardware as a condition of access, when circumvention is accomplished for the purpose of preservation or archival reproduction of published digital works by a library or archive. A format shall be considered obsolete if the machine or system necessary to render perceptible a work stored in that format is no longer manufactured or is no longer reasonably available in the commercial marketplace.
As far as I can tell, this legalizes ROMS for the following consoles: NEW, SNES, N64, PS1, Genesis, Game Gear, Gameboy, Gameboy Color, Gameboy Advance, most MAME consoles, Atari's consoles, Apple II, and any other console which is not longer manufactured. And, considering that the Ps3 is selling for nothing under $1000 on ebay, does that make it "not reasonably available"? ;)

So, it logically follows that this overrides the one-day rule for ROMs (on these consoles) ... good deal.

Quote:
6. Sound recordings, and audiovisual works associated with those sound recordings, distributed in compact disc format and protected by technological protection measures that control access to lawfully purchased works and create or exploit security flaws or vulnerabilities that compromise the security of personal computers, when circumvention is accomplished solely for the purpose of good faith testing, investigating, or correcting such security flaws or vulnerabilities.
I can do most anything under the guise of "good faith testing"...disassembly included.

Quote:
1. Audiovisual works included in the educational library of a college or university’s film or media studies department, when circumvention is accomplished for the purpose of making compilations of portions of those works for educational use in the classroom by media studies or film professors.
If I were to donate a video to the MIT library and then check it out, I could do anything I want to it uder the guise of "educational purposes"? Looks like I'd better get donatin'!
This message has been edited since its posting. Latest edit was made on 26 Nov 2006 @ 13:46

Brilliant!

1126.11.2006 13:53

CiDaemon wouldn't the PS2 and PS3 having near full PS1 emulation of that not make it so? I only think old hardware counts under "no longer reasonably available in the commercial marketplace. " :P but more gray area the better :3

1226.11.2006 16:34
DR34MER
Inactive

Point 5 refers to the current trend of unlockimg mobile/cell phones that have been locked to work with only one network (AKA being "branded), such the Motorola A1000 being locked to Hutchinson Telecommunications "3" 3G network in the EU, Australia and other countries. To do requires reprogramming the firmware. Another thing Point 5 refers is the unlocking of mobile/cell phone features that have otherwise been disabled and/or crippled in the 'branding' process, such as bluetooth only working between Motorola RAZR handsets on the same network in certain cases.

1326.11.2006 16:36
DR34MER
Inactive

Zippy : no it would not, as the original media is still used when emulating a PS1 on a PS2. The clause only applies when the original media and/or original platform can no longer be used.

1426.11.2006 16:45

OMG uuu got brains *naws on your head* 0-o *L* Nice I like vague laws however it wont stop them from suing people....they will barely feel the bump when they run over you...errr it.....

1527.11.2006 10:22

rule 2 would only make the rom legal if the copyright for that rom is severed. Roms like Pac Man would still be considered illegal since the copyright is still in effect. As for the emulators,it would be totally legal to emulate an obsolete system.

1627.11.2006 10:29

punqewe even if the copyright is intact the archival of the old program is legit its public distribution however might not be.

1727.11.2006 17:17

It's always legal to emulate a system, but not to use the emulator with any copyrighted software (i.e. ROMs). I didn't consider the fact that hardware was still available that could run these programs (i.e. ps2 running ps1 games). I suppose that invalidates my earlier statement. And I understand the phone thing, having done it myself; You want a Motorola RAZR, but it is only available for certain networks (i.e. sprint) and you don't use any of these networks. You could modify the firmware to allow access to other networks, i.e. T Mobile. This is good, considering I have done exactly what was described in the example ;). I have no doubt that the MIAA, etc. will sue over these "grey areas" that we've found so quickly, but al least a smart defendant would have a fairly good defense on the grounds of non-specification.

1827.11.2006 17:27

CiDaemon well it might not gain public distro for the PSX and there is alot ot be said about having the program unchanged for the system it was ment for. Its more a double gray area.dose digital distro over ride this maybe maybe not but its a start.

1927.11.2006 17:29

@ZIppyDSM...I never said anything about distro.

2027.11.2006 17:35

in this case distro=shearing *L*

2127.11.2006 17:48

I don't see where you see anything in my post about anything changing hands.

2227.11.2006 17:56

punqewe even if tis copy righted you can still archive it if tis on the older systems,the only thing copy right dose is keep you from shearing it and saleing it.

2327.11.2006 18:03

I fully understand the laws around this,but what your comments were about had nothing to do with my posts. I said nothing about sharing anything,or selling it. Please don't put words in my mouth and move on.

2427.11.2006 18:07

Ok zippy, theres something called spellcheck. LEARN IT!

2527.11.2006 18:10

Pspness firefox needs a better spell checker :3 Mmm or I need a better brain 0_o

2627.11.2006 18:35
DR34MER
Inactive

pungewe : the format issue, I think, overrides the copyright ownership. Or at least, it circumvents it - I think this is why companies such as EA, Capcom and the rest are releasing "emulation compilation" packs such as "EA Replay" and "Capcom Classics Reloaded". By doing this. these companies get to 'refresh' their copyright as the format becomes a more modern one. Just a guess.

2727.11.2006 18:41

Jerks.


Brilliant!

2827.11.2006 19:09
DR34MER
Inactive

CiDaemon : Yeah but, so what? Emulation subculture is way ahead of the corporates. Currently M.A.M.E plays what? 5 THOUSAND odd titles and how many of those have been "refreshed"? Something like 300odd if you count the Flash Arcade, Live Arcade and company branded packs. That's less than 10%. It'll take these companies too long to refresh them all and in the longer term they'll have no way of stopping people from copying romsets. Emulation will pretty much always be around.

2927.11.2006 19:10

@DR34MER - it will always be the copyright that will hold up in a court...so I doubt it that the format would over ride it.


3027.11.2006 19:17

punqewe
true plus they can drag normal people to court for merely being blips on their radar and they hope by suing enough they will chip away at consumer rights.


Copyright infringement is nothing more than civil disobedience to a bad set of laws. Lets renegotiate them.

---
Check out my crappy creations
http://zippydsmlee.deviantart.com/

3128.11.2006 1:11
DR34MER
Inactive

pungewe : Copyright doesn't hold up by itself. It needs to be proven and in the case of some games, that can be hard. Take a look at the EA Replay collection for PSP, some of those games are Super Nintendo (SNES) ports of ORIGIN titles (Wing Commander and WC : Secret Missions). Since the dumping Ultina Online, practically no-one from ORIGIN even works for EA anymore. Worse still, they were ports done by *outsourced* European coders (most probably Amiga experts, many of those went to code SNES titles) with names that seem practically unknown these days. If EA couldn't prove that these ported titles had been done for them (by showing payslips, man hour budgets, storyboards etc) then it could be argued that the expired ROM cartridge platform of SNES makes it valid (or at least safer) for people to *archive* those games in the public domain. By repackaging them EA reconciles copyright AND also makes a case against anyone who already has a copy of those ROMs AND also makes some money in the process.

3228.11.2006 6:04

I work for neither EA or Sony,as you probably don't either..so those examples you gave aren't too solid. We both don't know if EA has purchased the copyrights to use those games,as we don't know if the original owners don't still hold the copyrights. I bet someone owns enough of them to take some action if they are misused though. Also what I was saying is that copyrights will take president over format...that is all...nothing more-nothing less.

3328.11.2006 6:05

^ that's suposed to read "I don't work"

3428.11.2006 6:05

lol Never mind...I misread my own post...LOL tired eyes

3529.11.2006 7:10

good news boys, aprently the new exemptions DO allow dvd backups, and not only that, they permit security bypass to do it! see this link: http://stereophile.com/news/112706exemptions/

3629.11.2006 18:29

Haven't they always allowed backups for personal or archival use? Or have I been breaking the law for the last 3 years?


Brilliant!

3729.11.2006 18:36

CiDaemon
didn't you read the fine print fair use was destroyed to make backups of DVDs illicit :P

Circumventing digital protection is illicit even under the guise of educational in some cases 0_o


hopefully they have fixed this what you know they did but made recording LPs and tapes illicit to backup 0-o

This message has been edited since its posting. Latest edit was made on 29 Nov 2006 @ 18:39

Copyright infringement is nothing more than civil disobedience to a bad set of laws. Lets renegotiate them.

---
Check out my crappy creations
http://zippydsmlee.deviantart.com/

3829.11.2006 18:47

Hrmph. Don't tell on me.


Brilliant!

3930.11.2006 7:01

wait i was wrong, the steriophile website labled the article wrong i guess. all these exemptions let us do now is make compilation dvds out of dvds with copywrite protection for educational purposes. (film class, ect.)

sorry you selfish, blood-sucking assholes, but if i rent/buy/borrow a dvd its getting the whole anydvd/clonedvd2 treatment. how dare you tell me what i can or canot do with something in my own posesion.

4030.11.2006 7:03

georgeluv
copying a rented thigny is always bad silly :P


Copyright infringement is nothing more than civil disobedience to a bad set of laws. Lets renegotiate them.

---
Check out my crappy creations
http://zippydsmlee.deviantart.com/

411.12.2006 21:15

It beats downloading WAREZ.

At least that way it's not traceable ;).


Brilliant!

421.12.2006 21:22

CiDaemon
warze died after DSL becoem normal for most of the net,after the pron and spam places took them over you cant find anyhting same with porn passwords to find free free non spammy things it takes awhile it can take minutes even hours to find it and even then a 40% chance its a blank or bad file and thats even if you use torrents.



Copyright infringement is nothing more than civil disobedience to a bad set of laws. Lets renegotiate them.

---
Check out my crappy creations
http://zippydsmlee.deviantart.com/

431.12.2006 21:23

This is true.

Do isos on filesharing networks count as "Warez"? If so, there's still a thriving trade there.

But, the point was, copying rented disks beats downloading iso's.

I'm going to bed. It's way late. Discuss later.

This message has been edited since its posting. Latest edit was made on 01 Dec 2006 @ 21:26

Brilliant!

441.12.2006 21:39

CiDaemon
http://en.wikipedia.org/wiki/Warez
Wiki dose not define the diffrance a shame ,but non the less Warez was now is Shearing since less and less groups of well "groups" profit from the distro of it.
Unless you want to count ISPs if anyone is to blame for anyone its the ISPs and their masters the same masters that sic thier minions on the masses when IP/CP thigns pop up.
I mean really sat net has taught me no "normal" person needs a 25KBS+ connection :X

LOL


Copyright infringement is nothing more than civil disobedience to a bad set of laws. Lets renegotiate them.

---
Check out my crappy creations
http://zippydsmlee.deviantart.com/

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