Reply Comments on Rulemaking on Anticircumvention

A. Compilations consisting of lists of websites blocked by filtering software applications; and literary works, including computer programs and databases, protected by access control mechanisms that fail to permit access because of malfunction, damage or obsoleteness;

B. Audiovisual works that are in the public domain in the United States and that are released solely on DVDs, access to which is prevented by technological protection measures;

C. Literary and audiovisual works embodied in software whose access control systems prohibit access to replicas of the works;

D. Sound recordings released on compact disc (‘CDs’) that are protected by technological protection measures that malfunction so as to prevent playback on certain playback devices; and

E. Copyrighted works protected by access controls that limit their use to a particular machine or platform.

I. Literary works, including computer programs and databases, protected by access control mechanisms that fail to permit access because of malfunction, damage, or obsoleteness.

II. Compilations consisting of lists of websites blocked by filtering software applications.

III. Literary works, including eBooks, which are protected by technological measures that fail to permit access, via a 'screen reader' or similar text-to-speech or text-to-braille device, by an otherwise authorized person with a visual or print disability.

IV. Literary works, including computer programs and databases, protected by access control mechanisms in which the mechanism controls access both to copyrighted works and to works not under copyright.

V. Any digital-format work, including but not limited to Compact Discs (CDs) and Digital Versatile Discs (DVDs) which contain material not available in a comparable analog format at a price no more than ten percent (10%) higher than the cost of the digital work.

Literary works, including computer programs and databases, protected by access control mechanisms that fail to permit access to recognize shortcomings in security systems, to defend patents and copyrights, to discover and fix dangerous bugs in code, or to conduct forms of desired educational activities.

Literary works, including computer programs and databases, protected by access control mechanisms that are at high risk of failure in the near-term future because of malfunction, damage or obsoleteness.

Literary works, including computer programs and databases, protected by access control mechanisms that fail to permit access because of the copyright owner and/or their designated agent fail to provide the necessary support means.

Class #1: Audiovisual works stored on DVDs that are not available in Region 1 DVD format and access to which is prevented by technological measures.

Class #2: Audiovisual works released on DVD that contain access control measures that interfere with the ability to control private performance, including the ability to skip promotional materials.

Class #3: Tools which existed before and happen to be able to circumvent newer products' access controls.

2. “Literary works (including computer software and databases, musical works and motion picture works which are region coded, and for which the nearly identical product except for being keyed for a region containing the United States does not exist for mass-market consumption within the United States,” as raised in Submission Number 32 item (6).

(1) works for which those filing comments seek exemptions to allow the work to be used on platforms other than those designed for the format in which the consumer chose to purchase the work;

(2) works for which those filing comments seek exemptions to allow circumvention in order to gain access to bonus content available only in a particular format or to circumvent regional coding.

A. Reissuance of the 2000 Class

1. Literary works, including computer programs and databases, protected by access control mechanisms that fail to permit access because of malfunction, damage, or obsoleteness. (Comment 32, Class 2; Comment 33, Class 1).

2. Literary works, including computer programs and databases, protected by access control mechanisms that are at high risk of failure in the near-term future because of malfunction, damage or obsoleteness. In order to invoke this case, the potential malfunction, damage, and/or failure must not be due to intentional damage meant to invoke this clause. (Comment 32, Class 3).

3. Literary works, including computer programs and databases that fail to permit access because of the copyright owner and/or their designated agent fail to provide the necessary support means. (Comment 32, Class 5).

B. Fair Use Classes

1. Fair Use Works

2. Per se Educational Fair Use Works

3. Thin Copyright works

4. Per se Educational Thin Copyright Works

5. Any work to which the user had lawful initial access (i) during the period of lawful access, or (ii) after any period of lawful access if the user has physical possession of a copy of the work.

6. Literary works, including computer programs and databases, protected by access control mechanisms in which the mechanism controls access both to copyrighted works and to works not under copyright.

7. Works in the Public Domain that have been distributed using access controls.

8. Literary works, including computer programs and databases, protected by access control mechanisms that fail to permit access to recognize shortcomings in security systems, to defend patents and copyrights, to discover and fix dangerous bugs in code, or to conduct forms of desired educational activities.

9. Literary works restricted by access controls that limit lawful access to and post-sale uses of the work, where circumvention allows a lawful possessor to use the work in a non-infringing way.

10. Copyrighted content that the copyright holder consents to publish or distribute without payment.

11. Works embodied in copies or phonorecords that have been lawfully acquired by users or their institutions who subsequently seek to make noninfringing uses thereof. (Comment 30, Class 7).

12. Literary works, including computer programs and databases, protected by access control mechanisms in which the mechanism controls access both to copyrighted works and works not under copyright.

13. Everything, non-commercial use, educational use, fair use, personal use.

14. All digitally recorded content.

15. Musical, literary, and cinematological works in digital formats.

16. Sound recordings, audiovisual works and literary works (including computer programs) protected by access control mechanisms employed by or at the request of the copyright holder which require, as a condition of gaining access, that the prospective user agree to contractual terms which restrict or limit any of the limitations on the exclusive rights of that copyright holder under the Copyright Act.

C. Internet Archive

Literary and audiovisual works embodied in software whose access control systems prohibit access to replicas of the works.

D. Computer Program and Database "Security" Classes

1. Those literary works, musical works and audiovisual works, for which a person has lawfully obtained a right of use, protected by access control mechanisms which include features, flaws or vulnerabilities that (a) expose (i) the works to be protected or (ii) other assets of the users of such measures—including computers, computers systems or computer networks or the data or other protected works used with them—to infringement, compromise, loss, destruction, fraud and other adverse actions or (b) permit the privacy of such users to be compromised.

2. Those literary works representing computer software programs and databases, for which a person has lawfully obtained a right of use, that operate to control access to works protected under the Copyright Act but contain features, flaws or vulnerabilities that (a) expose (i) the works to be protected or (ii) other assets of the users of such measures—including computers, computers systems or computer networks or the data or other protected works used with them—to infringement, compromise, loss, destruction, fraud and other adverse action.

3. Literary works, including computer programs and databases, that fail to permit access to recognize shortcomings in security systems, to defend patents and copyrights, to discover and fix dangerous bugs in code, or to conduct forms of desired educational activities.

4. Open source and free software and other works licensed under licenses such as the GNU GPL (General Public License).

Compilations Consisting of Lists of Websites Blocked by Filtering Software

Works Protected by Malfunctioning, Damaged, or Obsolete Access Controls

Public Domain Works

Regional Encoding of Audio-visual Works on DVD

Works in Formats Linked to a Particular Device, A Limited Number of Devices, or Devices with Particular Access or Playback Technologies

Circumvention for the Purpose of Non-Infringing Use

Works Sought to be Used for Archival, Preservation, and Migration Purposes

Works in E-Book Format Sought to be Accessed by Disabled Persons

Works Protected by Access Controls Whose Circumvention is Needed to Carry Out Security Research and/or Remediation

Works in formats that are linked to a particular device, accessible only on a limited number of devices, or accessible only on devices with particular access or playback technologies.

Works in e-book formats sought to be accessed by disabled persons.

Literary works, including computer programs and databases, protected by access control mechanisms that fail to permit access because of malfunction, damage, or obsoleteness.

Copy-Protected CDs, DVD Region Coding, Unskippable DVD Advertising, and Public Domain Film on DVD

(1) Exemption requests to permit various uses (fair use, etc.).

(2) CSS encrypted DVD video discs (including requests that covered any work that is subject to access controls), including requests to permit circumvention for the purpose of gaining access to CSS encrypted content using Linux-based operating systems

(3) DVD video discs encoded with regions other than Region 1

(4) Works where technological protection measures are to be circumvented for research relating to access control technologies

(5) Public domain content contained on DVD video discs protected using CSS