November 20, 2002
DMCA: Open for Comments

For a quick overview of current DMCA status, and a reminder that comments on its anti-circumvention clause are now being taken by the government, read Declan's piece today at CNET.

Posted by John Battelle at November 20, 2002 09:00 AM
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Of course, Declan is wrong when he says:

But the DMCA includes two broad prohibitions--on bypassing copy-protection technology and on distributing a program that bypasses that technology--and the Librarian of Congress is permitted only to offer exemptions to the former.
1201 contains three principal prohibitions: 1201(a)(1) regarding the circumvention of access controls; 1201(a)(2) regarding trafficking in devices designed to circumvent access controls; and, 1201(b) regarding trafficking in devices designed to circumvent copy controls. The exemptions being considered are to 1201(a)(1) which is about circumventing access not copy controls (though there are times when a copy control is also an access control). See also, Bricoleur on DMCA Comments.

Posted by: Alexander Macgillivray on November 20, 2002 11:26 AM
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