The Digital Millennium Copyright Act prohibits "circumventing" digital rights management (DRM) and "other technical protection measures" used to protect copyrighted works. While this ban was meant to deter copyright infringement many have misused the law to chill competition free speech and fair use. Every three years the U.S. Copyright Office convenes a rulemaking to consider granting exemptions to the DMCA's ban on circumvention to mitigate the harms the law has caused to legitimate non-infringing uses of copyrighted materials.
In 2012 EFF sought to build on expand the exemptions won in the 2009 rulemaking. EFF asked the Copyright Office to protect the "jailbreaking" of smartphones, electronic tablets, and video game consoles. EFF also asked for legal protections for artists and critics who use excerpts from DVDs or downloading services to create new, remixed works. The Copyright Office renewed the exemption for smartphones, but did not extend it to other devices. The Copyright Office also reaffirmed the exemption for video remix, and expanded it to allow use of clips from online services.
In 2015 EFF is seeking six exemptions: Enabling security professionals to conduct research into the safety and security of vehicles; Allowing automobile owners to circumvent restrictions to repair and personalize their vehicles; Legal protections for circumventing DRM to extract clips to create new and remixed audiovisual works from streaming sources; "Jailbreaking" of mobile computing devices such as smartphones and tablets to enable interoperability and remove unwanted software; Circumventing DRM in DVDs and Blu-Ray discs to extract clips; Enabling users to circumvent DRM to restore access to games abandoned by their developers.
EFF Related Content: DMCA Rulemaking
- Date:Fri, 08/05/2016
- Even so, the law doesn't lean far enough toward protecting innovators, suggested Adam Schwartz, a senior staff attorney with the Electronic Frontier Foundation . The EFF last week filed a lawsuit challenging Digital Millennium Copyright Act provisions that make it unlawful for people to get around software that restricts access...
- Washington D.C.—The Electronic Frontier Foundation (EFF) sued the U.S. government today on behalf of technology creators and researchers to overturn onerous provisions of copyright law that violate the First Amendment. EFF’s lawsuit , filed with co-counsel Brian Willen, Stephen Gikow, and Lauren Gallo White of Wilson Sonsini Goodrich...
- Date:Thu, 07/21/2016
- San Francisco—On Tuesday and Wednesday, May 24-25, Electronic Frontier Foundation (EFF) Staff Attorney Kit Walsh and Senior Staff Attorney Mitch Stoltz will participate in public roundtable discussions about the impact of U.S. copyright law on freedoms to investigate and improve the software embedded in...