The DMCA exemption process…



Another entry from the “how do the good guys keep from getting their pants sued off…” files. Freedom-to-tinker has an entry on their application for a DMCA waiver. (The DMCA (among other things) makes it against the law to circumvent copy protection (or to communicate ways of circumvention)) It sounds like the exemption process is slanted towards not issuing exemptions, but they’re trying. There are some interesting notes from their application.


According to freedom-to-tinker they knew about the SONY DRM rootkit about a month before it was publicly announced but were mired in consulting lawyers (their’s/the schools/etc/) to find out what they could say about it.

Researchers like Professor Edward Felten and Alex Halderman waste valuable research time consulting attorneys due to concerns about liability under the DMCA. They must consult not only with their own attorneys but with the general counsel of their academic institutions as well. Unavoidably, the legal uncertainty surrounding their research leads to delays and lost opportunities. In the case of the CDs at issue, Halderman and Felten were aware of problems with the XCP software almost a month before the news became public, but they delayed publication in order to consult with counsel about legal concerns. This delay left millions of consumers at risk for weeks longer than necessary.

This is the kind of chilling effect on security research that many feared from the DMCA. I think the exemption process was supposed to help solve this, but from the sound of it it’s VERY hard to get an exemption….

Many people decided not to submit exemption requests in this round, because of the way previous rounds have been handled. For example, the EFF argues that the process is so strongly tilted against exemptions, and the Copyright Office tries so hard to find excuses not to grant exemptions, that there is no point in asking for one. Even Seth Finkelstein, the only person who has had any real record of success in the process, decided to sit out this round.

Related Posts

Blog Traffic Exchange Related Posts
  • EFF gives up on DMCA exemption process There's a story over at PC Pro, that says the EFF (Electronic Frontier Foundation) has given up on the process for obtaining exemptions from the DMCA (Digital Millennium Copyright Act). They claim that the three year exemption period is meaningless. All of their requests for exemptions have been declined. Including......
  • 10 things to do before hooking a Linux PC up to the net An editor at tech republic gave a challange not too long ago to Linux users to step up and offer articles along the lines of the top 10 things to do before hooking a linux pc up to the internet. Click to read the first of these submissions (I don't......
  • Macromedia flash player vulnerability A severe security vulnerability has been found in versions of the Flash Player prior to 7.0.19.0 Many sites require flash player in order to view various features on the site (depending on the site this ranges from commercials to the site navigation.) A specially crafted swf file on a remote......
Blog Traffic Exchange Related Websites
  • How To Declare Yourself Bankrupt In Three Steps How to declare yourself bankrupt is easy and only requires three steps. The first step is to analyze your current financial situation to see what options are available. If a lot more money is owed that is being made, the next step is to fill out the special BK forms.......
  • Social Security Benefits I've had more frequent conversations recently regarding a number of financial topics. The pretax vs post tax IRA certainly tops the list along with the required income needed at retirement, both in absolute terms as well as replacement ratio. I thought this would be a good time to discuss how......
  • Want a Loan? Do Your Homework First! Understanding the differences between loan types is difficult enough, so researching them for comparison purposes is not always at the top of everyone's list. Before you walk into your current bank to fill out a loan application, consider all of your options. When the loan you are seeking is a......
www.pdf24.org    Send article as PDF   

Similar Posts


See what happened this day in history from either BBC Wikipedia
Search:
Keywords:
Amazon Logo

Comments are closed.


Switch to our mobile site