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October 25, 2018 06:35 pm PDT

The Copyright Office just greenlit a suite of DRM-breaking exemptions to the DMCA

Section 1201 of the Digital Millennium Copyright Act bans bypassing "access controls" for copyrighted works -- that is, breaking DRM.

This was stupid when the DMCA passed in 1998, and it only got stupider since: back in 1998, DMCA 1201 was used to punish people who made region-free DVD players or homebrew Sega Dreamcast games. Today, every gadget has thousands of lines of copyrighted code, putting any "access control" on the gadget within reach of the DMCA, which has led manufacturers to claim that the DMCA gives them the right to decide who can make software for your stuff, how you can use your stuff, and who can fix your stuff. DMCA 1201 has been used to intimidate and even jail security researchers who found defects in products with DRM, which means that the people who want to warn you about problems with the gadgets you trust can't come forward without permission from the companies that stand to lose money if the news gets out.

Every three years, the Copyright Office hears petitions for "use exemptions" to the DMCA: these exemptions let you break DRM to engage in some kind of legit activity, like jailbreaking a phone or conducting security research.

This year, many groups petitioned the Copyright Office for a wide variety of exemptions and the Copyright Office just published its detailed conclusions setting out which exemptions were granted, which ones were denied, and which ones were partially granted.

It's an extremely encouraging document! The Copyright Office granted the majority of exemptions, including key exemptions around the right to repair and legal protection for security research. Read the rest


Original Link: http://feeds.boingboing.net/~r/boingboing/iBag/~3/dRj0yYpgMiw/use-exemptions.html

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