DMCA censorware exemption win!

[Dave Farber <dave () farber net>]

Delivered-To: dfarber+ () ux13 sp cs cmu edu
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Date: Wed, 29 Oct 2003 08:59:54 -0500
To: undisclosed-recipient:;
From: Monty Solomon <monty () roscom com>
Subject: DMCA censorware exemption win!

October 28, 2003
DMCA censorware exemption win!

[How sweet it is ...!]

http://www.copyright.gov/1201/docs/fedreg-notice-final.pdf

The Register's recommendation in favor of this exemption is based
primarily on the evidence introduced in the comments and testimony by
one person, Seth Finkelstein, a non-lawyer participating on his own
behalf. In addition to identifying a class of works that related to
the specific facts presented, he identified the qualitative nature of
the noninfringing uses for which circumvention was necessary and
generally identified the technological measure which controlled
access to this class. There was no dispute that the lists of Internet
locations blocked by filtering software are generally encrypted or
otherwise protected by an access control measure. The remedy sought
was causally related to the noninfringing uses that are necessary to
conduct research, comment and criticism on the filtering software at
issue. Mr. Finkelstein also anticipated objections to the exemption
and proved that available alternatives to the exemption were
insufficient to remedy the adverse effect caused by the prohibition.
The insufficiency of alternatives was supported by testimony and
demonstrative evidence at the hearing in California by James Tyre.
Finally, Mr. Finkelstein's succinct initial comment addressed the
statutory requirements and thoughtfully analyzed each of the
statutory factors required to be considered in this rulemaking.

...

http://sethf.com/infothought/blog/archives/000457.html





April 2003 DMCA testimony
http://sethf.com/anticensorware/hearing_dc.php


U.S. Copyright Office, Anticircumvention Rulemaking
http://www.copyright.gov/1201/

Statement of the Librarian of Congress on the Anticircumvention Rulemaking
http://www.copyright.gov/1201/docs/librarian_statement_01.html

Determination of the Librarian of Congress and Text of the Regulation
http://www.copyright.gov/1201/docs/fedreg-notice-final.pdf

The Recommendation of the Register of Copyrights
http://www.copyright.gov/1201/docs/registers-recommendation.pdf

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