November 11, 2005

"Catch 1201" - DMCA Exemption Proceedings Paper

This doesn't seem to be widely echoed, so I'll help out.

Catch 1201: A Legislative History and Content Analysis of the DMCA Exemption Proceedings Bill D Herman
Oscar Gandy

17 USC Section 1201(a)(1) prohibits circumventing a technological protection measure (TPM) that effectively controls access to a copyrighted work. In the name of mitigating the innocent casualties of this new ban, Congress constructed a triennial rulemaking, administered by the Register of Copyrights, to determine temporary exemptions. This paper considers the legislative history of this rulemaking, and it reports the results of a systematic content analysis of its 2000 and 2003 proceedings. [...]

We then conduct a content analysis of the first two proceedings, conducted in 2000 and 2003. Exemption proponents generally interpret the law's intent in terms of policy goals such as fair use, whereas opponents see jurisdictional, procedural, and definitional obstacles to the granting of exemptions. The Register of Copyrights' interpretation of the law closely resembles that of opponents and, on more than one key point, she refers proponents back to Congress. We conclude that the Register has constructed a venue that is hostile to the interests of noninfringing users; in light of congressional rhetoric to the contrary, this constructs a catch-22 for many who earnestly wish to engage in otherwise legal activities.

[Via ShoutingLoudly]

I'm mentioned:

"In the case of the circumvention to gain access to lists of websites blocked by content-filtering software, [Marybeth Peters, Register of Copyrights] even commends the exemption's proponent, Seth Finkelstein, as providing an example to teach future proponents how to meet the burden of proof: The case made by Mr. Finkelstein for this exemption is also instructive for the manner in which it met the requisite showing. [...]"

By Seth Finkelstein | posted in dmca | on November 11, 2005 09:17 AM (Infothought permalink)
Seth Finkelstein's Infothought blog (Wikipedia, Google, censorware, and an inside view of net-politics) - Syndicate site (subscribe, RSS)

Subscribe with Bloglines      Subscribe in NewsGator Online  Google Reader or Homepage