TLPC Files DMCA Exemption to Ease Making Video Accessible in Educational Settings

Last week, the TLPC continued its efforts to make copyrighted works more accessible to people with disabilities. On behalf of the TLPC’s client, the Association of Transcribers and Speech-to-text Providers (ATSP), as well as the Association of Research Libraries (ARL), the American Library Association (ALA), and the Association of College and Research Libraries (ACRL) TLPC student attorneys Sophie Galleher, Angel Antkers, and Susan Miller filed a petition for an exemption from Section 1201 of the Digital Millennium Copyright Act (DMCA) that would allow disability services offices, organizations that support people with disabilities, libraries, and other units at educational institutions to circumvent technological protection measures on videos to make them accessible, including through closed and open captions and audio description. The exemption will allow disability service offices, educational institutions, and libraries to better fulfill their legal and ethical obligations to make visual media more accessible to people with disabilities. The TLPC filed the petition as part of the U.S. Copyright Office’s triennial review of exemptions from the anti-circumvention measures in Section 1201.

TLPC Files DMCA Exemption Renewal for Security Research

(by Elizabeth Field and Justin Manusov, Student Attorneys)

TLPC Files DMCA Exemption Renewal

This week, TLPC student attorneys Elizabeth Field and Justin Manusov filed a petition with the Copyright Office to better protect good faith security researchers. The petition, along with another filed earlier this summer, seeks to renew and modify an exemption from Section 1201 of the Digital Millennium Copyright Act (DMCA), which prohibits circumvention of technological access controls (such as digital rights management (DRM)) to copyrighted material. The modification specifically seeks to limit the potential risk of liability that good faith security researchers face in their work to protect consumers from security breaches and other harm. The TLPC filed the comment on behalf of the TLPC’s clients Prof. Ed Felten and Prof. J. Alex Halderman, who are both computer scientists whose research includes computer security and privacy.

TLPC Files DMCA Exemption Renewal and Expansion Petition for Multimedia E-Books

This week, TLPC student attorneys Sophie Galleher, Angel Antkers, and Susan Miller filed with our colleagues at the UC Irvine Intellectual Property, Art, and Technology (IPAT) Clinic a petition with the Copyright Office seeking to expand an exemption from Section 1201 of the Digital Millennium Copyright Act (DMCA) for nonfiction multimedia e-books offering film analysis. The petition asks to modify the exemption to include fictional multimedia e-books, multimedia e-books on subjects other than film analysis, and removing the limitations that refer to screen-capture technology.  The TLPC and UC IPAT team filed the petition on behalf of the TLPC’s client, Authors Alliance, as well as Professor Bobette Buster and the Organization for Transformative Works (OTW) as part of the U.S. Copyright Office’s triennial review of exemptions from the anti-circumvention measures in Section 1201. 

Last Week in Tech Policy #47: W3C and EME—Is DRM Being Inserted in Your Web Browser?

(By Lucas Ewing, Colorado Law 2L)

The World Wide Web Consortium (W3C) is an international organization whose goal is to set standards for the World Wide Web. Due to W3C’s highly technical subject matter, internal discussions rarely broach the public discourse, but recently, open internet advocates and some W3C members have expressed concern over plans to endorse Encrypted Media Extensions (EMEs).

Continue reading “Last Week in Tech Policy #47: W3C and EME—Is DRM Being Inserted in Your Web Browser?”

TLPC Testifies at Copyright Office DMCA Section 1201 Hearings

Last week, the TLPC testified at several hearings (PDF) in favor of our proposed exemptions to Section 1201 of the Digital Millennium Copyright Act. We’ve linked below to various pictures and coverage of the hearing. Congratulations to the many TLPC students who took part!

TLPC Files Security Research DMCA Exemption Reply Comments

(by Chelsea E.  Brooks,  Student Attorney, Joseph N. de Raismes, Student Attorney, Andy J. Sayler, Student Technologist)

Today, we filed a Reply Comment in response to public comments on our  Long Comment for Class 25 (Security Research) on behalf of our client Professor Matthew Green.  The proceeding (and objectors’ comments) can be found at the Copyright Office’s DMCA Section 1201 Tri-annual Exemption Notice of Proposed Rulemaking.

As we discussed in our previous blog post on the subject, this project seeks an exemption to Section 1201 of the Digital Millennium Copyright Act’s anti-circumvention provisions for good-faith security research.  Our Reply Comment responds to a variety of issued raised in the second round of the proceeding by public commenters including manufacturers and trade groups in automobile, medical device, software, and related industries. In our Reply Comment, we focus on how objectors comments are textbook examples of the adverse effects of Section 1201 chilling good-faith security research, and push back against the suggestion that an exemption should include a mandatory disclosure standard.

Next up in the proceeding is a hearing on May 26, 2015 In Washington, DC where student technologist Andy Sayler will be a witness along with the clinic director, Blake Reid, and our client, Professor Matthew Green.

TLPC Briefs Copyright Office with Reply Comments on E-book Accessibility DMCA Exemption

Today, the TLPC, the American Foundation for the Blind, the American Council of the Blind, the Library Copyright Alliance, and the American Association of People with Disabilities filed reply comments at the U.S. Copyright Office requesting a renewal of the exemption to Section 1201 of the Digital Millennium Copyright Act aimed at  making e-books more accessible to people who are blind, visually impaired, or print disabled and authorized entities. If renewed, the exemption would increase access to literary works and educational resources for people who are blind, visually impaired, or print disabled.

Take a look at the long-form comment attached here, and stay tuned for the Copyright Office’s decision later this year.

E-book Accessibility Reply Comments

TLPC Briefs Copyright Office on E-book Accessibility DMCA Exemption

(by James Frazier, Melissa S. Jensen, and Samantha Moodie, Student Attorneys)

Last Friday, the TLPC, the American Foundation for the Blind, the American Council of the Blind, and the Library Copyright Alliance filed a comment at the U.S. Copyright Office requesting a renewal of the exemption to Section 1201 of the Digital Millennium Copyright Act aimed at  making e-books more accessible to people who are blind, visually impaired, or print disabled and authorized entities. If renewed, the exemption would increase access to literary works and educational resources for people who are blind, visually impaired, or print disabled.

Take a look at the long-form comment attached here, and stay tuned for the Copyright Office’s decision later this year.

 

 

 

TLPC FIles Security Research DMCA Exemption Comments

(by Chelsea E.  Brooks,  Student Attorney, Joseph N. de Raismes, Student Attorney, Andy J. Sayler, Student Technologist)

Last week, we filed three comments in response to the Copyright Office’s DMCA Section 1201 Tri-annual Exemption Notice of Proposed Rulemaking: a Short Comment for Class 27 (Medical Devices), a Short Comment for Class 22 (Vehicle Software), and a Long Comment for Class 25 (Security Research). All comments were filed on behalf of our client, Professor Matthew Green.

Professor Green is an Assistant Research Professor in the Information Security Institute at Johns Hopkins University and needs to be able to circumvent various access controls on software and devices in the process of conducting good faith security research. Such circumvention is chilled by Section 1201 of the Digital Millennium Copyright Act (DMCA). In our long comment, we argue for an exemption to Section 1201’s anti-circumvention provisions and show that preventing circumvention of access controls is chilling good faith security research and creating other adverse effects. Our short comments reiterate this point with respect to specific types of security research and urge the Copyright Office to grant a broad exemption to the Section 1201 anti-circumvention rules for all forms of good faith security research.

Next up in the proceedings is the second round of public comments filed by those that oppose each exemption. The objection comment deadline is March 27, 2015. Following that, there will be a third round of public comments in which supporters can respond to the objectors’ comments. This round closes on May 1, 2015, after which the Copyright Office will begin the internal process of making their decisions.

TLPC files DMCA exemption for good faith security research

The TLPC continued its efforts in the Copyright Office’s triennial review last week by filing a petition for exemption from the anti-circumvention measures in Section 1201 of the Digital Millennium Copyright Act (DMCA) for circumventing technological protection measures (TPMs) to perform good faith security research. The TLPC filed the petition, drafted by student attorneys Chris Meier, Amber Williams, and Bridgett Murphy on behalf of  Dr. Matthew Green, Assistant Research Professor at the Johns Hopkins Information Security Institute.