[SFS] Fwd: They're starting to listen: anti-circumvention under review
Davide Del Vento
davide.del.vento@gmail.com
Mon, 4 Jan 2016 13:21:16 -0700
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---------- Forwarded message ----------
From: DefectiveByDesign.org <info@defectivebydesign.org>
Date: Mon, Jan 4, 2016 at 12:49 PM
Subject: They're starting to listen: anti-circumvention under review
To: Davide Del Vento <davidedelvento@gmail.com>
Dear Davide Del Vento,
The Defective by Design campaign has called for the repeal of the Digital
Millennium Copyright Act (DMCA)'s anti-circumvention provisions for many
years. In April of 2015
<https://www.defectivebydesign.org/DMCA-exemption-commenting-process-broken>,
we explained the central problem of these provisions, as well as the
exemptions process meant to mitigate their damage:
"Every three years, supporters of user rights are forced to go through a
Kafkaesque process fighting for exemptions from the anti-circumvention
provisions of the DMCA... In short, under the DMCA's rules, everything not
permitted is forbidden. Unless we expend time and resources to protect and
expand exemptions, users could be threatened with legal consequences for
circumventing the digital restrictions management (DRM) on their own
devices and software and could face criminal penalties for sharing tools
that allow others to do the same. Exemptions don't fix the harm brought
about by the DMCA's anti-circumvention provisions, but they're the only
crumbs Congress deigned to throw us when they tossed out our rights as
users."
In November of 2015
<https://www.defectivebydesign.org/DMCA-exemptions-process-anti-circumvention>,
we wrote about the latest round's failure to protect users, and called once
again for an end to the anti-circumvention provisions and the broken
exemptions process. While we and other organizations succeeded in gaining
some exemptions for users, the dysfunctional system remained in place.
After all this speaking out, it seems that someone has begun to listen. On
December 29th, 2015, the United States Copyright Office put out a Notice
and Request for Public Comment on the anti-circumvention provisions of the
DMCA
<https://s3.amazonaws.com/public-inspection.federalregister.gov/2015-32678.pdf>.
Congress asked them to study the effects of the anti-circumvention rules
and the process of granting exemptions. From their description of the
background, as well as the questions they ask of the public, it is clear
that our criticisms are finally being heard.
We called foul on the fact that activists had to work so hard to protect
exemptions once they were granted, and now the Copyright Office recommends
that the process be amended to create a presumption in favor of renewal of
previously granted exemptions. We decried the expansion of the danger of
DRM beyond the realm of copyright, and now the Copyright Office is
concerned that DRM is being used to lock users in rather than enforce
copyright. We urged that exemptions should extend to third parties and to
the sharing of tools for fixing software and devices encumbered by DRM, and
now the Copyright Office recognizes that exemptions often are of little
value if you can't get help from your friends. We called the whole process
broken beyond repair and now the Copyright Office is asking the public how
it can be fixed.
And that's where the problem lies. While our criticism of the DMCA's
anti-circumvention rules and the exemption process seems to be breaking
through, the necessary solution has not. No amount of exemptions or an
improved process for granting them will correct the fundamental flaw at the
heart of these provisions: that users do not have the right to control
their own devices. The only way to fix the system is to scrap it and remove
the DMCA's anti-circumvention penalties. While we applaud the Copyright
Office for listening to our complaints, we want to make sure that they make
the right correction. And we want you to help.
We will be submitting comments to the Copyright Office in response to their
request, calling for an end to the madness. But to have the largest impact,
we want you to send comments as well, or to cosign our statement when we
submit it. We will be providing more details on that process shortly, so be
ready. Here's what you can do today:
- Share this post with your friends and colleagues.
- Support our work in the fight against DRM by making a donation
<https://my.fsf.org/civicrm/contribute/transact?reset=1&id=40>.
Happy hacking,
Donald Robertson
Copyright and Licensing Associate
*Read online: https://www.defectivebydesign.org/they-are-starting-to-listen
<https://www.defectivebydesign.org/they-are-starting-to-listen>.*
Follow us at https://status.fsf.org/dbd | Subscribe to our blog via RSS
<https://defectivebydesign.org/rss.xml> | Donate to support the campaign
<https://crm.fsf.org/civicrm/contribute/transact?reset=1&id=40>
Defective by Design is a campaign of the Free Software Foundation:
51 Franklin St, Fifth Floor
Boston, Massachusetts 02110-1335
UNITED STATES
You can unsubscribe from this mailing list by visiting the link
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<div dir=3D"ltr"><br><div class=3D"gmail_quote">---------- Forwarded messag=
e ----------<br>From: <b class=3D"gmail_sendername">DefectiveByDesign.org</=
b> <span dir=3D"ltr"><<a href=3D"mailto:info@defectivebydesign.org">info=
@defectivebydesign.org</a>></span><br>Date: Mon, Jan 4, 2016 at 12:49 PM=
<br>Subject: They're starting to listen: anti-circumvention under revie=
w<br>To: Davide Del Vento <<a href=3D"mailto:davidedelvento@gmail.com">d=
avidedelvento@gmail.com</a>><br><br><br>
<table width=3D"100%" align=3D"center" height=3D"100%" border=3D"0" cellpad=
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<p></p>
<p>Dear Davide Del Vento,</p>
<p>The Defective by Design campaign has called for the repeal o=
f the Digital Millennium Copyright Act (DMCA)'s anti-circumvention prov=
isions for many years. In <a href=3D"https://www.defectivebydesign.org/DMCA=
-exemption-commenting-process-broken" target=3D"_blank">April of 2015</a>, =
we explained the central problem of these provisions, as well as the exempt=
ions process meant to mitigate their damage:</p>
<blockquote>
<p>"Every three years, supporters of user rights are force=
d to go through a Kafkaesque process fighting for exemptions from the anti-=
circumvention provisions of the DMCA... In short, under the DMCA's rule=
s, everything not permitted is forbidden. Unless we expend time and resourc=
es to protect and expand exemptions, users could be threatened with legal c=
onsequences for circumventing the digital restrictions management (DRM) on =
their own devices and software and could face criminal penalties for sharin=
g tools that allow others to do the same. Exemptions don't fix the harm=
brought about by the DMCA's anti-circumvention provisions, but they=
9;re the only crumbs Congress deigned to throw us when they tossed out our
rights as users."</p>
</blockquote>
<p>In <a href=3D"https://www.defectivebydesign.org/DMCA-exempti=
ons-process-anti-circumvention" target=3D"_blank">November of 2015</a>, we =
wrote about the latest round's failure to protect users, and called onc=
e again for an end to the anti-circumvention provisions and the broken exem=
ptions process. While we and other organizations succeeded in gaining some =
exemptions for users, the dysfunctional system remained in place.</p>
<p>After all this speaking out, it seems that someone has begun=
to listen. On December 29th, 2015, the United States Copyright Office put =
out a <a href=3D"https://s3.amazonaws.com/public-inspection.federalregister=
.gov/2015-32678.pdf" target=3D"_blank">Notice and Request for Public Commen=
t on the anti-circumvention provisions of the DMCA</a>. Congress asked them=
to study the effects of the anti-circumvention rules and the process of gr=
anting exemptions. From their description of the background, as well as the=
questions they ask of the public, it is clear that our criticisms are fina=
lly being heard.</p>
<p>We called foul on the fact that activists had to work so har=
d to protect exemptions once they were granted, and now the Copyright Offic=
e recommends that the process be amended to create a presumption in favor o=
f renewal of previously granted exemptions. We decried the expansion of the=
danger of DRM beyond the realm of copyright, and now the Copyright Office =
is concerned that DRM is being used to lock users in rather than enforce co=
pyright. We urged that exemptions should extend to third parties and to the=
sharing of tools for fixing software and devices encumbered by DRM, and no=
w the Copyright Office recognizes that exemptions often are of little value=
if you can't get help from your friends. We called the whole process
broken beyond repair and now the Copyright Office is asking the public how =
it can be fixed.</p>
<p>And that's where the problem lies. While our criticism o=
f the DMCA's anti-circumvention rules and the exemption process seems t=
o be breaking through, the necessary solution has not. No amount of exempti=
ons or an improved process for granting them will correct the fundamental f=
law at the heart of these provisions: that users do not have the right to c=
ontrol their own devices. The only way to fix the system is to scrap it and=
remove the DMCA's anti-circumvention penalties. While we applaud the C=
opyright Office for listening to our complaints, we want to make sure that =
they make the right correction. And we want you to help.</p>
<p>We will be submitting comments to the Copyright Office in re=
sponse to their request, calling for an end to the madness. But to have the=
largest impact, we want you to send comments as well, or to cosign our sta=
tement when we submit it. We will be providing more details on that process=
shortly, so be ready. Here's what you can do today:</p>
<ul>
<li>Share this post with your friends and colleagues.</li>
<li>Support our work in the fight against DRM by <a href=3D"ht=
tps://my.fsf.org/civicrm/contribute/transact?reset=3D1&id=3D40" target=
=3D"_blank">making a donation</a>.</li>
</ul>
<p>Happy hacking,</p>
<p>Donald Robertson<br>Copyright and Licensing Associate</p>
<p><i>Read online: <a href=3D"https://www.defectivebydesign.org=
/they-are-starting-to-listen" target=3D"_blank">https://www.defectivebydesi=
gn.org/they-are-starting-to-listen</a>.</i></p>
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<p>Follow us at <a href=3D"https://status.fsf.org/dbd" target=3D"_=
blank">https://status.fsf.org/dbd</a> | <a href=3D"https://defectivebydesig=
n.org/rss.xml" target=3D"_blank">Subscribe to our blog via RSS</a> | <a hre=
f=3D"https://crm.fsf.org/civicrm/contribute/transact?reset=3D1&id=3D40"=
target=3D"_blank">Donate to support the campaign</a></p>
<p>Defective by Design is a campaign of the Free Software Foundati=
on: </p><div><span><span>51 Franklin St, Fifth Floor</span><br><span>Boston=
</span>, <span>Massachusetts</span> <span>02110-1335</span><br><span>UNITED=
STATES</span></span></div><p></p>
<p>You can unsubscribe from this mailing list by visiting the link=
<a href=3D"https://my.fsf.org/civicrm/mailing/unsubscribe?reset=3D1&ji=
d=3D139951&qid=3D16406334&h=3D75dc95771d6f0c02" target=3D"_blank">h=
ttps://my.fsf.org/civicrm/mailing/unsubscribe?reset=3D1&jid=3D139951&am=
p;qid=3D16406334&h=3D75dc95771d6f0c02</a>.</p>
<p>To stop all email from the Free Software Foundation, including =
Defective by Design,<br>
and the Free Software Supporter newsletter, click this link:</p>
<p><a href=3D"https://my.fsf.org/civicrm/mailing/optout?reset=3D1&=
amp;jid=3D139951&qid=3D16406334&h=3D75dc95771d6f0c02" target=3D"_bl=
ank">https://my.fsf.org/civicrm/mailing/optout?reset=3D1&jid=3D139951&a=
mp;qid=3D16406334&h=3D75dc95771d6f0c02</a>.</p>
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