MESSAGE
DATE | 2016-02-26 |
FROM | Rick Moen
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SUBJECT | Re: [Hangout-NYLXS] UPDATE: U.S. Copyright Office requiring
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From hangout-bounces-at-nylxs.com Fri Feb 26 23:54:40 2016 Return-Path: X-Original-To: archive-at-mrbrklyn.com Delivered-To: archive-at-mrbrklyn.com Received: from www.mrbrklyn.com (www.mrbrklyn.com [96.57.23.82]) by mrbrklyn.com (Postfix) with ESMTP id 947821616C7; Fri, 26 Feb 2016 23:54:24 -0500 (EST) X-Original-To: hangout-at-nylxs.com Delivered-To: hangout-at-nylxs.com Received: from linuxmafia.com (linuxmafia.COM [198.144.195.186]) by mrbrklyn.com (Postfix) with ESMTP id 617DD1616C7 for ; Fri, 26 Feb 2016 23:53:04 -0500 (EST) Received: from rick by linuxmafia.com with local (Exim 4.72) (envelope-from ) id 1aZWsJ-0000KY-Mc; Fri, 26 Feb 2016 20:53:03 -0800 Date: Fri, 26 Feb 2016 20:53:03 -0800 From: Rick Moen To: hangout-at-nylxs.com Message-ID: <20160227045303.GH20244-at-linuxmafia.com> References: MIME-Version: 1.0 Content-Disposition: inline In-Reply-To: Organization: If you lived here, you'd be $HOME already. X-Mas: Bah humbug. X-Clacks-Overhead: GNU Terry Pratchett User-Agent: Mutt/1.5.20 (2009-06-14) X-SA-Exim-Connect-IP: X-SA-Exim-Mail-From: rick-at-linuxmafia.com X-SA-Exim-Scanned: No (on linuxmafia.com); SAEximRunCond expanded to false Subject: Re: [Hangout-NYLXS] UPDATE: U.S. Copyright Office requiring proprietary software for DMCA anti-circumvention comments X-BeenThere: hangout-at-nylxs.com X-Mailman-Version: 2.1.17 Precedence: list Reply-To: NYLXS Discussions List List-Id: NYLXS Discussions List List-Unsubscribe: , List-Archive: List-Post: List-Help: List-Subscribe: , Content-Type: text/plain; charset="us-ascii" Content-Transfer-Encoding: 7bit Errors-To: hangout-bounces-at-nylxs.com Sender: "hangout"
Quoting Free Software Foundation (info-at-fsf.org):
> Last week, working with our Defective By Design team, [2]we asked > people to co-sign a comment that we, the Free Software Foundation > (FSF), will be submitting to the U.S. Copyright Office for their study > of the anti-circumvention provisions of the DMCA (17 U.S.C. 1201). Our > comment sends a simple and clear message: the DMCA's anti-circumvention > provisions, including the triennial exemption granting process, are > broken beyond repair and the only way to fix this law is to repeal it > altogether. The Copyright Office has extended the comment period, and > so our [3]comment is now open for public co-signing until noon EST (5pm > UTC) on March 2nd. > [...] > Joshua Gay & Donald Robertson > FSF Licensing Team
Comment'[3]' is a hyperlink to https://my.fsf.org/civicrm/profile/create?gid=439&reset=1, where you can see the text of FSF's proposed filing with U.S. Copyright Office, which indeed is a comment that DMCA anti-circumvention provisions should be repealed, and the triennial process to enact exemptions (to the prohibition against circumvention of technological measures that control access to copyrighted works) ended.
Anyone else see the fatal problem? Anyone? Anyone? Bueller?
U.S. Copyright Office has delegated authority to pass _regulations_ permitting exceptions to anti-circumvention law because Congress told it to do that -- that power and responsibility having been enacted by the DMCA.[1]
DMCA was an example of _enabling legislation_ (aka primary law).
Federal Executive Branch agencies and departments get empowered by enabling legislation to pass _regulations_ within the confines of what Congress permits them to do. Copyright Office's anti-circumvention rule-findings are thus regulatory law.
The point: FSF's comment asks Copyright Office to revise enabling legislation. They can't. They have no authority to do so. Congress does.
Sadly, this has the effect of making the FSF Licensing Team look a bit foolish. Petitioning _Congress_ to end these proceedings would be at least asking in the correct place.
[1] 17 U.S.C. 1201. Primary law gets recorded in the United States Code ('U.S.C.'). Regulatory law gets recorded in the Code of Federal Regulations ('C.F.R.'). The latter is subordinate to the former.
-- Cheers, Rick ('civics: not just a good idea; it's the law') Moen rick-at-linuxmafia.com McQ! (4x80) _______________________________________________ hangout mailing list hangout-at-nylxs.com http://www.nylxs.com/
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