-----Original Message-----
From: [EMAIL PROTECTED]
[mailto:[EMAIL PROTECTED] On Behalf Of Sid Ordway
Sent: Sunday, November 26, 2006 8:35 AM
To: The Accessible Phones Discussion List
Subject: US permits phone-cracking and DVD copying exemptions to copyright
law.

US permits phone-cracking and DVD copying exemptions to copyright law.

Thursday 23rd November 2006
PC Pro - London,UK
 
The US Library of Congress has approved a record number of exemptions to
copyright laws, granting permission for film and media studies professors to
crack DVD discs' DRM and for breaking software locks on mobile phones. 
In total, the Librarian of Congress, James H Billington has granted six
exemptions, the most ever, and for the first time has exempted groups of
users en masse, including phone recyclers and people working on computer
security. 
The Digital Millennium Copyright Act (DMCA), which introduced several strict
copyright protections into US law, stipulates that every three years the
Librarian examines the need for any exemptions and acts accordingly.
The library's Copyright Office has determined that it will now be legal to
break and remove the software locks on phones so that they can be used with
any chosen carrier. Not only will this let consumers get full value from
their handsets, it will also increase the scope for the reuse of handsets.
While permission for film studies professors to copy extracts from DVDs has
always existed under fair-use provisions, the new exemption gives them the
right to break the CSS copy-protection that encumbers most DVD discs. 
The change had been resisted by Hollywood, who suggested that VHS tape
extracts be used instead, but professors argued that DVDs preserve a more
accurate record of the original film print's colours and dimensions.
Under the other exemptions introduced yesterday in the US, blind people are
now permitted to circumvent any DRM on electronic books, so that they can
use tools such as text-to-speech software to read them. 
The Copyright Office also authorised      
cracking the DRM on software where the technology to read it is no longer
available and if the software's use is restricted by a dongle that is
damaged and cannot be replaced. Finally, the Copyright Office has given
permission for testing DRM technologies on CDs for any possible computer
security vulnerabilities.
This follows the widespread use of two such technologies by Sony BMG which
opened a significant security hole in Windows.
The Electronic Frontier Foundation said it was disappointed that calls for
an exemption that would have allowed the copying of DVD content so that it
could be transferred to devices such as an iPod were rejected, but
nonetheless welcomed the changes.
'I am very encouraged by the fact that the Copyright Office is willing to
recognise exemptions for archivists, cell phone recyclers and computer
security experts,' said Fred von Lohmann, an attorney for the digital rights
campaign group. 'Frankly I'm surprised and pleased they were granted.'
Billington stressed that his ruling is not an indictment of the DMCA.
'This is not a broad evaluation of the successes or failures of the DMCA,'
he said. 'The purpose of the proceeding is to determine whether current
technologies that control access to copyrighted works are diminishing the
ability of individuals to use works in lawful, non-infringing ways.'
Full details of the six exemptions are listed in the Determination of the
Librarian of Congress and Text of the Regulation [PDF] while a summary is
online at copyright.gov/1201.

http://www.pcpro.co.uk/news/98556/us-permits-phonecracking-and-dvd-copying-e
xemptions-to-copyright-law.html


---
Respectfully submitted by: Dr. Sidney Ordway JD, Ph.D
MailTo:[EMAIL PROTECTED] Phone & FAX: 210-657-0059


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