MESSAGE
| DATE | 2015-04-27 |
| FROM | mrbrklyn@panix.com
|
| SUBJECT | Subject: [NYLXS - HANGOUT] [info@fsf.org: DMCA exemption commenting process broken beyond
|
----- Forwarded message from Free Software Foundation -----
Date: Tue, 14 Apr 2015 20:50:19 -0400
From: Free Software Foundation
To: Ruben Safir
Subject: DMCA exemption commenting process broken beyond repair
Dear Ruben,
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 Digital Millennium Copyright
Act (DMCA). We explain this process more fully in our
[announcement of the comments we filed this year][1]. 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. So, every three years we are forced to claw and fight for
these minimal protections. But while we work to protect and
expand user rights, other groups are fighting just as hard to
dilute what little safety the exemptions process is meant to
provide -- by opposing proposed exemptions.
While organizations and individuals who supported exemptions had
to submit their comments by February 6th, those working to stop
exemptions had until March 27th to file their comments. The
companies and trade groups that oppose DMCA exemptions generally
have greater resources for navigating this broken system, and
they choose to use those resources to reinforce the DMCA's
draconian anti-circumvention provisions. As we wait for the
Copyright Office to [finish publishing those comments][2] so that
we can name and shame those who support the DMCA's worst
provisions, we would like to discuss our experience working with
this broken process. Astute observers may have noticed that when
comments in support of DMCA exemptions were published, there were
no comments from the Free Software Foundation. This was
perplexing, because we had actually [commented in support of
every single proposed exemption][3]. After some back and forth
with the Copyright Office, [our comments have now been
published][4]. So what happened?
As it turns out, the Federal Register had a mechanism for
submitting comments on their [Web page announcing the commenting
period][5]. Phone calls to the Copyright Office revealed that the
office had no idea that the Federal Register was taking
comments. This is despite the fact that we had received
confirmation emails from the Federal Register that our comments
had been submitted and that they would be posted by the Copyright
Office. Over the phone, we were assured that this was a mistake
and that the Federal Register should not have been accepting
comments at that time. While we are glad that the issue is now
resolved and that our comments are now published, this is more
evidence that the exemption creation process is truly broken. If
the departments handling the acceptance and publication of
comments don't even know the origin or destination of the
comments, how can we be sure they are up to the task of ensuring
users get the little protection the exemption process provides?
How can the voices of people who oppose DRM and the DMCA's
anti-circumvention provisions be heard if their comments get lost
in a bureaucratic maze, where one hand of the government doesn't
know what the other is doing?
DRM is morally wrong, and criminalizing the tools of its
circumvention, doubly so. The exemptions process is theoretically
meant to lessen this wrong. But with the process so completely
broken, there is no real way to protect users under the current
system. That is why we call on Congress to end the madness and
remove the DMCA's anti-circumvention provisions entirely. The
exemption process is fundamentally broken and cannot possibly
protect the rights of users. We need a full reset. Here's what
you can do to help:
* If you live in the U.S., contact your Congressperson and tell
them you oppose DRM and the DMCA's anti-circumvention provisions.
* If you live outside the U.S., [fight back against TPP][6],which
would extend the worst provisions of the DMCA globally.
* Join our [Defective by Design mailing list][7] to keep up to date
on the latest in the fight against DRM.
* [Donate][8] to help support our work in this fight.
Donald Robertson
Copyright and Licensing Associate
Read this online:
[1]: https://www.defectivebydesign.org/end-DMCA-anti-circumvention-provisions
[2]: http://copyright.gov/1201/2015/comments-032715/
[4]: http://copyright.gov/1201/2015/comments-020615/
[3]: https://static.fsf.org/nosvn/licensing/2015-dmca-exemption-letters/comments.html
[5]: https://www.federalregister.gov/articles/2014/12/12/2014-29237/exemption-to-prohibition-on-circumvention-of-copyright-protection-systems-foar-access-control
[6]: https://www.fsf.org/blogs/licensing/obama-and-congress-go-off-the-rails-trying-to-fast-track-tpp
[7]: https://defectivebydesign.org/join
[8]: https://crm.fsf.org/civicrm/contribute/transact?reset=1&id=40
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----- End forwarded message -----
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