In its
triennial rulemaking proceeding regarding possible exemptions by the Librarian of Congress of certain classes of works from the DMCA’s prohibition against circumvention of technological measures that control access to copyrighted works, the Copyright Office received 19
comments for 25 classes of works to be subject to exemptions. Some of the proposed exemptions include exemptions that would allow: (i) Linux users to circumvent the CSS system (that protects DVDs from being played on unauthorized devices) to decrypt and extract the contents of DVDs they purchase, and to convert them to a video format accessible via the Linux system, (ii) users to circumvent DRMs when they purchased DRM-protected music and other media from online stores that have gone out of business, and (iii) forensic investigations for purposes of conducting a civil or criminal investigation. Others also supported renewal of the existing exemption for unlocking mobile telephones, for dongles, for access to literary works by the visually impaired, and for educational library of a college or university’s film or media studies department to compile clips from DVDs for their classes. The Office published a notice of proposed rulemaking announcing the proposed exemptions and seeks comments from members of the public who support or oppose any of the proposed exemptions. The purpose of the rulemaking proceeding is to determine whether there are particular classes of works as to which users are, or are likely to be, adversely affected in their ability to make noninfringing uses due to the prohibition on circumvention. Comments in support or in opposition to the proposed exceptions can be submitted to the Copyright by the February 2nd deadline.