Subject: Re: FYI: Comments Requested on DMCA
From: Bob Young <bob@redhat.com>
Date: Wed, 21 Jun 2000 05:44:56 -0400


Jean,

Thanks for posting this here.  This kind of information is exactly why some of us 
continue to lurk on this list.  ;-)

For any of you who have not been paying attention to this topic - the 
DMCA is very problematic legislation for open source with its new and 
unique limits on reverse engineering rights, and new limits on 
existing "fair use" rights on copyrighted material.  These fall under 
the category  of new anti-circumvention rules of copyrighted material like DVDs. 
(see excerpt below) 

Speaking to Senator Leahy of Vermont recently, it would appear they are 
unaware of the damage that these clauses would do to open source, 
simply because very few people have been representing the needs of the 
open source development community to the drafters of this legislation on 
Capital Hill.

So the more polished, professional submissions the better.

Cheers,   Bob.

"    The objective of title I of the DMCA was to revise U.S. law to
comply with two World Intellectual Property Organization (WIPO)
Treaties that were concluded in 1996 and to strengthen protection for
copyrighted works in electronic formats. The DMCA establishes
prohibitions on the act of circumventing technological measures that
effectively control access to a work protected under the U.S. Copyright
Act, and the manufacture, importation, offering to the public,
providing or otherwise trafficking in any technology, product, service,
device, component or part thereof which is primarily designed or
produced to circumvent a technological measure that effectively
controls access to or unauthorized copying of a work protected by
copyright, has only a limited commercially significant purpose or use
other than circumvention of such measures, or is marketed for use in
circumventing such measures. The DMCA also makes it illegal for a
person to manufacture, import, offer to the public, provide, or
otherwise traffic in any technology, product, service, device,
component or part thereof which is primarily designed or produced to
circumvent a technological measure that effectively protects a right of
a copyright owner in a work protected by copyright, has only a limited
commercially significant purpose or use other than circumvention of
such measures, or is marketed for use in circumventing such measures."

> DIGITAL MILLENNIUM COPYRIGHT ACT
> Issue: Intellectual Property
> 
> The United States Copyright Office and the National Telecommunications
> and Information Administration invite interested parties to submit
> comments on the effects of the amendments made by title 1 of the
> Digital Millennium Copyright Act, and the development of electronic
> commerce on the operation of sections 109 and 117 of title 17, United
> States Code, and the relationship between existing and emerging
> technology and the operation of such sections.  Comments must be
> received by August 4, 2000.  Reply comments must be received by
> September 5, 2000.  [SOURCE: NTIA]
> 
> (http://www.ntia.doc.gov/ntiahome/occ/dmca2000/dmca2000rfc.txt)
> 
> (c)Benton Foundation 2000. Redistribution of this email publication --
> both internally and externally -- is encouraged if it includes this
> message.
> 
> 
> Patrice
> ------------------------------------
> Patrice McDermott
> Co-Director, Agenda for Access
> OMB Watch
> patricem@ombwatch.org
> 



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