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Old 07-26-2010, 02:10 PM   #16
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Here is a statement directly from the copyright office, though I’m not sure I can make full sense out of what it means.

It sounds to me as if the ruling is granting various fair-use exceptions to the DMCA’s prohibitions.
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Old 07-26-2010, 02:10 PM   #17
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OK!! Now this is FAR more significant, and does specifically exempt ebook DRM encryption from the DMCA. It's clearly aimed at enabling the use of commercial ebooks in devices that accommodate those with disabilities, though.

In the broader terms of fair-use, class 1, which only applies to DVDs using CSS, is probably the most important.
That might have been the intention, but that's not what they actually said. I'm pretty sure we can take it and run with it - after all, isn't that what normally happens with laws?
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Old 07-26-2010, 02:11 PM   #18
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Originally Posted by frabjous View Post
Here is a statement directly from the copyright office, though I’m not sure I can make full sense out of what it means.

It sounds to me as if the ruling is granting various fair-use exceptions to the DMCA’s prohibitions.
That's exactly what's happening, and what they do every 3 years.
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Old 07-26-2010, 02:23 PM   #19
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Does this mean that authors could give readers permission to bypass DRM for their books, regardless of what the publisher has done with them? The author is the copyright *owner*, even if he's sold distribution rights to someone else.
That's a very interesting question. But even if the author is willing to give such permission, it might jeopardize their relationship with the publisher, which few authors would be willing to do.

Here's section 6 of the new LOC ruling:

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(6) Literary works distributed in ebook format when all existing ebook editions of the work (including digital text editions made available by authorized entities) contain access controls that prevent the enabling either of the book’s read-aloud function or of screen readers that render the text into a specialized format.
This looks intended to refer specifically to accessibility for the visually impaired, and that could be very relevant if someone needed to mount a "fair use" defense. (Remember, "fair use" is something that only comes up if one is actually sued. At least in the US.) But it would be very interesting if someone defended their removal of DRM on the grounds that they wanted to have the text read to them while driving, and no "read-aloud" versions were available.

(Disclaimer: I am not a lawyer of any kind, only an interested observer.)
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Old 07-26-2010, 03:00 PM   #20
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Publishers will be rushing to switch on Kindle TTS permissions, which will negate much of the clause.

The only real loophole in class 6 is "screen readers that render the text into a specialized format", but that is a very large loophole. All you need is a screen reader that only uses a 'specialized' format that the book isn't sold in and you're covered. How much are Rocket eBooks selling for these days?
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Old 07-26-2010, 03:46 PM   #21
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Syndney's Mom, the section of the opinion I quoted seems pretty clear on what the DMCA is supposed to allow, per this judge: it is supposed to allow fair use. Just breaking the DRM isn't supposed to trigger the anti-circumvention restriction.
I quoted this from the case: [DMCA specifically prohibits] "decrypt an encrypted work, or otherwise to avoid, bypass, remove, deactivate, or impair a technological measure, without the authority of the copyright owner.” Id. § 1201(a)(3)(A).

Since this was just a key, it didn't disable or remove any protection. It appears this involved somekind of computer repair, and the key was needed to run the software already on the machine. No one was pirating the software, they were providing the key to legitimate owners. Unfortunately, DMCA does target decryption of an encryped work, which I think most of the current tools (mobidedrm and the inepts) do.

It is a subtle point, but that is what copyright law is all about. Someone with more knowledge about computers would probably understand the case better than I - there is a link to a pdf of the case, which is what I was quoting from.

However, the argument, that I used decryption software to remove encryption so I could read the book I bought and paid for on my Sony Reader rather than my Kindle, is not something Amazon wants to get into. There would be antitrust issues. And the intent of the DMCA (although intent doesn't always save the day) was to protect copyright holders, not Amazon.

I am not a copyright attorney nor a computer expert, but I am not rejoicing yet. I have always not been concerned because of the lack of damage to the copyright holder. But this could be a beginning.
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Old 07-26-2010, 04:07 PM   #22
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Before anyone starts jumping up and down and clapping their hands, might want to read this Engadget article by Nilay Patel, who is a lawyer:

http://www.engadget.com/2010/07/26/d...gal-not-quite/
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Old 07-26-2010, 05:18 PM   #23
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Originally Posted by Sydney's Mom View Post
I quoted this from the case: [DMCA specifically prohibits] "decrypt an encrypted work, or otherwise to avoid, bypass, remove, deactivate, or impair a technological measure, without the authority of the copyright owner.” Id. § 1201(a)(3)(A).

Since this was just a key, it didn't disable or remove any protection. It appears this involved somekind of computer repair, and the key was needed to run the software already on the machine. No one was pirating the software, they were providing the key to legitimate owners.
GE admitted to five counts of copyright infringement of this software. So yes, it was pirated, and disabling the dongle played a critical role in enabling them to do so.

The purpose of the dongle was to verify that the copy of the software being run was an authorised copy. The right to decide whether or not a copy is authorised is clearly a right protected by the Copyright Act, so the absence of encryption in this case is immaterial.

As I said before, the judge's reasoning was sloppy. Encryption does nothing to prevent a copyrighted block of data from being copied, it prevents it from being accessed without the key. The distinction between access control and copy control is indeed subtle, and it doesn't apply here. Both of the cases he cited (Chamberlain Group, Inc. v. Skylink Techs., Inc and Lexmark Int’l, Inc. v. Static Control Components, Inc.) involved circumstances in which access to the software was controlled primarily by the purchase of a device (a printer or a garage door opener), and without that specific device the software was useless. Obviously the situation is very different when the software in question can be run on any PC.
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Old 07-26-2010, 07:04 PM   #24
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Before anyone starts jumping up and down and clapping their hands, might want to read this Engadget article by Nilay Patel, who is a lawyer:

http://www.engadget.com/2010/07/26/d...gal-not-quite/

...yeah, a lawyer who apparently has no [obscenity deleted - Moderator] clue about his own professed profession whatsoever: he's claiming it's only in the Fifth Circuit while today the Librarian of Congress announced DMCA Section 1201 and will be published in the FedReg TOMORROW: http://www.copyright.gov/1201/

Yes, YOU CAN START JUMPING UP AND DOWN and CLAP YOUR HANDS.

Last edited by Dr. Drib; 07-27-2010 at 12:29 PM.
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Old 07-26-2010, 07:51 PM   #25
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...yeah, a lawyer who apparently has no [oscenity deleted - Moderator] clue about his own professed profession whatsoever: he's claiming it's only in the Fifth Circuit while today the Librarian of Congress announced DMCA Section 1201 and will be published in the FedReg TOMORROW: http://www.copyright.gov/1201/

Yes, YOU CAN START JUMPING UP AND DOWN and CLAP YOUR HANDS.
You are celebrating a little early, you may wake up tomorrow with a hangover. The above lawyer nailed it.

Last edited by Dr. Drib; 07-27-2010 at 12:29 PM.
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Old 07-26-2010, 08:08 PM   #26
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I took the 5th Circuit court to say removing DRM to access doesnt violate fair use but removing to copy does even if it's for personal use. Also, obtaining and utilizing the decryption software was still prohibited.

The LOC decision specifies text-to-speech use only. If other formats (audio or PC reader) were available (even at a higher cost) then removing DRM was still not permitted.
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Old 07-26-2010, 08:13 PM   #27
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I took the 5th Circuit court to say removing DRM to access doesnt violate fair use but removing to copy does even if it's for personal use.
The thing is, the way the copyfighting community has been reading the outcome of RIAA vs. Diamond Multimedia all this time is that copying for space-shifting purposes is fair use. It would be nice if that lawyer would address that decision.
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Old 07-26-2010, 10:23 PM   #28
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You are celebrating a little early, you may wake up tomorrow with a hangover. The above lawyer nailed it.
And when you wake up you'll see your had is in your own vomit, along with his hand - I hope you really like your hangover-styled analogies -; he didn't nail shit and you both are obviously clueless about FedReg if you think he's for real claiming it only applies in the Fifth Circle.

Last edited by kamm; 07-26-2010 at 10:35 PM.
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Old 07-26-2010, 10:33 PM   #29
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The thing is, the way the copyfighting community has been reading the outcome of RIAA vs. Diamond Multimedia all this time is that copying for space-shifting purposes is fair use. It would be nice if that lawyer would address that decision.
It is LEGAL, see VHS rulings, Sony Corp vs Universal Studios of 1986 - all these DMCA-fed invertebrate worms and alikes can go suck on it.
Ironically it's the same Sony who's busy trying to attack everything for a decade now...

...and the same lawyer who told SC judges "ohhh, we will never go after individual recreational uses, radio recordings etc, of course not" when asked...

...and he just argued it was exactly the right thing to do.

ALL are SCUMBAGS, disgusting rotten PARASITES - and they have to be treated as such.
They must be squashed like cockroaches: with multiple quick and hard hits, to make sure they cannot run away when only their shields are cracking.
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Old 07-26-2010, 11:50 PM   #30
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Apparently we can't discuss this like adults ...

Closing this thread.

BOb
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