IT: Victory - DMCA Exemption for censorware renewed!
sethf at sethf.com
Tue Oct 28 15:57:24 CST 2003
For the past several months, I have been working on advocating
for DMCA exemptions, in particular the exemption for censorware. Today,
(Oct 28) the Copyright Office released its ruling on DMCA exemptions. The
censorware exemption was one of only four granted, out of all proposed.
The Register has attributed that exemption primarily to *ME*!
My testimony: http://sethf.com/anticensorware/hearing_dc.php
From The Recommendation of the Register of Copyrights:
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.
Seth Finkelstein Consulting Programmer sethf at sethf.com http://sethf.com
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