MESSAGE
DATE | 2016-02-27 |
FROM | Rick Moen
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SUBJECT | Subject: [Hangout-NYLXS] (forw) Re: UPDATE: U.S. Copyright Office requiring
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From hangout-bounces-at-nylxs.com Sat Feb 27 03:11:01 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 7E61E1616C8; Sat, 27 Feb 2016 03:10:44 -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 651291616C8 for ; Sat, 27 Feb 2016 03:09:29 -0500 (EST) Received: from rick by linuxmafia.com with local (Exim 4.72) (envelope-from ) id 1aZZwO-0001II-VI for hangout-at-nylxs.com; Sat, 27 Feb 2016 00:09:28 -0800 Date: Sat, 27 Feb 2016 00:09:28 -0800 From: Rick Moen To: hangout-at-nylxs.com Message-ID: <20160227080928.GH12323-at-linuxmafia.com> MIME-Version: 1.0 Content-Disposition: inline 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: [Hangout-NYLXS] (forw) Re: 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"
Reassuringly, they were on top of this, and their action does make sense.
----- Forwarded message from Donald Robertson -----
Date: Sat, 27 Feb 2016 01:50:33 -0500 From: Donald Robertson To: Rick Moen , Joshua Gay Subject: Re: UPDATE: U.S. Copyright Office requiring proprietary software for DMCA anti-circumvention comments
On 02/27/2016 12:33 AM, Rick Moen wrote: > Good people of the Licensing and Compliance Team: > > I know you're busy, and don't want to chew up your time. (No response > needed.) Just wanted to point out an angle you might not have > considered. > > I note with appreciation your recent message: > >> 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. >> [...] > > Comment'[3]' is a hyperlink to > https://my.fsf.org/civicrm/profile/create?gid=439&reset=1, including > your Copyright Office comment's text. > > Comment is 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. > > There's a problem: > > U.S. Copyright Office's authority to pass regulations permitting > exceptions to anti-circumvention law arises from primary (Congressional) > legislation that enacted 17 U.S.C. 1201. Copyright Office has only > rulemaking powers governed (and, in Federal jargon, 'enabled') by the > statute. > > FSF's comment appears to ask Copyright Office to revise primary > legislation. They can't. They have no authority to do so. Congress > does.
Thank you for your feedback. This is not a notice of proposed rulemaking (where the Copyright Office would be changing rules), it is a study undertaken at the request of Congress. Once the Copyright Office receives comments and replies, they'll put together a report/recommendations for Congress and Congress will make the ultimate determination of what to do with the results of the study. So we should be on track already. Thanks again for looking into this, and for any help you can provide in spreading the comment to your friends and colleagues.
> > Your comment _could_ be amended to ask Copyright Office to recommed such > a change to Congress. >
-- Donald R. Robertson, III, J.D. Copyright & Licensing Associate Free Software Foundation 51 Franklin Street, Fifth Floor Boston, MA 02110 Phone +1-617-542-5942 Fax +1-617-542-2652
----- End forwarded message ----- _______________________________________________ hangout mailing list hangout-at-nylxs.com http://www.nylxs.com/
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