[DMCA-Activists] Ideas for DMCA Exemption Classes of Works

[Seth Johnson]

(Forwarded from DVD Discussion list)

-------- Original Message --------
Subject: [dvd-discuss] Ideas for class of works for DMCA
exemption
Date: Mon, 25 Nov 2002 21:28:39 -0800 (PST)
From: Bryan Taylor <address@hidden>
Reply-To: address@hidden
To: dvd-discuss <address@hidden>

I'm starting to brainstorm on my submission to the Copyright
Office for exemptions to the 1201(a) anticircumvention ban.

The EFF has a nice howto on making submissions that might
actually influence things. It's quite valuable:
http://www.eff.org/IP/DMCA/dmca_comments_howto.html

Anyway, here are some of my ideas of classes of works to be
exempted. THoughts and feedback are welcome.

class of works 1: player device software or firmware
designed to impede interoperability of the player with
independent 3rd party works. Examples: "mod chips" for game
consoles that allow unsigned code to run should not be
prohibited by the DMCA. I need to track down that case under
Australia's version of the DMCA.

class of works 2: digital works sold to the public for which
no analogue TPM-free analogue version is published, "in
print", and generally available for sale [if fair use is not
raped b/c analogue is available then require it to be
available for that reason]

class of works 3: Works published or owned by companies or
authors that engage in anticompetitive business practices,
antitrust violations, and/or deceptive trade practices
involving their copyrighted products. The period of
exception shall begin upon the rendering of a final
judgement or legal settlement against the company and shall
last until three years pass without a judicial or settlement
finding of continued improper behavior. Examples: MS for
antitrust, RIAA for price fixing

class of works 4: data sets, lists, databases, or other
collections whose individual elements are public domain
facts, not the original expression of the data set creator
or licensing contributor thereto, or otherwise not
copyrightable by the data set creator. Examples: the CDDB
thing, the recent price list thing

class of works 5: a work or compilations containing a work
whose copyright has expired Examples: DVD's of the really
old movies