| This page contains reply comments submitted as a part of a rulemaking 
on exemptions from prohibition on circumvention of technological measures 
that control access to copyrighted works (read more 
details). The following comments were submitted in the first round of 
comments between Nov. 19 and Dec. 18, 2002. 
 This is page one of nine pages of reply comments, which can be accessed 
through the links below.
 
 Page 1 | Page 2 |
Page 3 | Page 4 |
Page 5 | Page 6 |
Page 7 | Page 8 |
Page 9 | Page 10 |
Page 11
 
 
 
   
    | Note: In order to view the PDF files below, your computer must 
      be equipped with the free Adobe Acrobat 
      Reader 6 program or other software capable of reading PDF version 1.4 files. |  
 
       
        | 
             
              | 
                   
                    | 1 |  | Steven 
                        Mitchell |   
                    | Replying 
                      to Comment |  | 36 |   
                    | Class of Works
 |  | Audiovisual works as follows: foreign-language audiovisual 
                      works not available for sale in the United States but available 
                      for purchase outside the US on DVDs that are regionally 
                      encoded to prevent playback on DVD players purchased in 
                      the United States. The exemption requested is to permit circumvention of 
                        the region coding mechanism. |   
                    |  |  | Reply 
                      comment (1 page) |  |  |  
       
        | 
             
              | 
                   
                    | 2 |  | Brian 
                        Takle |   
                    | Replying 
                      to Comment |  | 2 |   
                    | Class of Works
 |  | 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. |   
                    |  |  | Reply 
                      comment (1 page) |  |  |  
       
        | 
             
              | 
                   
                    | 3 |  | Michael 
                        Peters |   
                    | Replying 
                      to Comment |  | 7 |   
                    | Class of Works
 |  | All classes of copyrighted works should be exempted under 
                      certain conditions. |   
                    |  |  | Reply 
                      comment (1 page) |  |  |  
       
        | 
             
              | 
                   
                    | 4 |  | Michael 
                        A. Rolenz |   
                    | Replying 
                      to Comment |  | 14 |   
                    | Class of Works
 |  | Information collected by "Spyware" software that 
                      is encrypted or "Spyware" software whose operation 
                      uses encryption to hide its operation. |   
                    |  |  | Reply 
                      comment (2 pages) |  |  |  
       
        | 
             
              | 
                   
                    | 5 |  | Michael 
                        A. Rolenz |   
                    | Replying 
                      to Comment |  | 40 |   
                    | Class of Works
 |  | 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. |   
                    |  |  | Reply 
                      comment (1 page) |  |  |  
       
        | 
             
              | 
                   
                    | 6 |  | Michael 
                        A. Rolenz |   
                    | Replying 
                      to Comment |  | 24 |   
                    | Class of Works
 |  | Data archival mechanisms |   
                    |  |  | Reply 
                      comment (1 page) |  |  |  
       
        | 
             
              | 
                   
                    | 7 |  | June 
                        M. Besek |   
                    | Replying 
                      to Comment |  | 2, 
                      14, 20, 
                      25, 29, 
                      30, 31, 
                      32, 33, 
                      34, 35 |   
                    | Class of Works
 |  | 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. |   
                    |  |  | Reply 
                      comment (9 pages) |  |  |  
       
        | 
             
              | 
                   
                    | 8 |  | Michael 
                        A. Rolenz |   
                    | Replying 
                      to Comment |  | 23 |   
                    | Class of Works
 |  | Data file formats, including but not limited to word processing-, 
                      image- and music file types. |   
                    |  |  | Reply 
                      comment (2 pages) |  |  |  
       
        | 
             
              | 
                   
                    | 9 |  | David 
                        B. Carroll |   
                    | Replying 
                      to Comment |  | 36 |   
                    | Class of Works
 |  | Audiovisual works as follows: foreign-language audiovisual 
                      works not available for sale in the United States but available 
                      for purchase outside the US on DVDs that are regionally 
                      encoded to prevent playback on DVD players purchased in 
                      the United States. |   
                    |  |  | Reply 
                      comment (30 pages) |  |  |  
       
        | 
             
              | 
                   
                    | 10 |  | Jeff 
                        ClarkConsortium of College & University Media Centers
 |   
                    | Replying 
                      to Comment |  | 2, 
                      5, 33 |   
                    | Class of Works
 |  | 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.
 |   
                    |  |  | Reply 
                      comment (4 pages) |  |  |  
       
        | 
             
              | 
                   
                    | 11 |  | David 
                        BurtN2H2
 |   
                    | Replying 
                      to Comment |  | 29, 
                      31, 32, 
                      33 |   
                    | Class of Works
 |  | Compilations consisting of lists of websites blocked by 
                      filtering software applications. |   
                    |  |  | Reply 
                      comment (44 pages) |  |  |  
       
        | 
             
              | 
                   
                    | 12 |  | Shawn 
                        HernanCERT/CC
 |   
                    | Replying 
                      to Comment |  | 32, 40 |   
                    | Class of Works
 |  | 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. |   
                    |  |  | Reply 
                      comment (7 pages) |  |  |  
       
        | 
             
              | 
                   
                    | 13 |  | Adriel 
                        T. DesautelsSecure Network Operations, Inc.
 |   
                    | Replying 
                      to Comment |  | 7 |   
                    | Class of Works
 |  | All classes of copyrighted works should be exempted under 
                      certain conditions. |   
                    |  |  | Reply 
                      comment (2 pages) |  |  |  
       
        | 
             
              | 
                   
                    | 14 |  | Matthew 
                        Perkins |   
                    | Replying 
                      to Comment |  | 5, 10, 15, 20, 21, 28 |   
                    | Class of Works
 |  | Audiovisual works on DVD protected by the Content Scrambling 
                      System; Ancillary audiovisual works distributed on Digital 
                      Versatile Discs (DVDs) using the Content Scrambling System; 
                      etc. |   
                    |  |  | Reply 
                      comment (15 pages) |  |  |  
       
        | 
             
              | 
                   
                    | 15 |  | Simon 
                        Carless and Brewster KahleInternet Archive
 |   
                    | Replying 
                      to Comment |  | 29, 
                      32, 33 |   
                    | Class of Works
 |  | Literary works, including computer programs and databases, 
                      protected by access control mechanisms that fail to permit 
                      access because of malfunction, damage or obsoleteness. |   
                    |  |  | Reply 
                      comment (7 pages) |  |  |  
       
        | 
             
              | 
                   
                    | 16 |  | Ken 
                        Arromdee  |   
                    | Replying 
                      to Comment |  | 16, 
                      35 |   
                    | Class of Works
 |  | 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.  |   
                    |  |  | Reply 
                      comment (3 pages) |  |  |  
       
        | 
             
              | 
                   
                    | 17 |  | Ryland 
                        Hawkins |   
                    | Replying 
                      to Comment |  | 2, 
                      8, 14, 
                      20 |   
                    | Class of Works
 |  | Literary works, Ebooks, Works in the Public Domain |   
                    |  |  | Reply 
                      comment (2 pages) |  |  |  
       
        | 
             
              | 
                   
                    | 18 |  | Riley 
                        R. RussellSony Computer Entertainment America Inc.
 |   
                    | Replying 
                      to Comment |  | 15, 
                      32 |   
                    | Class of Works
 |  | 1. “Software and games that are played on video game 
                      machines” as raised in Submission Number 15; and to 
                      the proposal to exempt, 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).  |   
                    |  |  | Reply 
                      comment (5 pages) |  |  |  
       
        | 
             
              | 
                   
                    | 19 |  | Shira 
                        PerlmutterAOL Time Warner
 |   
                    | Replying 
                      to Comment |  | 1, 
                      5, 6, 
                      8, 9, 
                      10, 11, 
                      13, 15, 
                      17, 20, 
                      21, 30, 
                      32, 34, 
                      35, 36, 
                      39, 42 |   
                    | Class of Works
 |  | Works for which those filing comments seek exemptions limiting 
                      a copyright owner’s ability to control conditions 
                      of access to the work once a consumer has obtained initial 
                      lawful access or purchased a physical copy, including: (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. |   
                    |  |  | Reply 
                      comment (11 pages) |  |  |  
       
        | 
             
              | 
                   
                    | 20 |  | Douglas 
                        LowensteinInteractive Digital Software Association
 |   
                    | Replying 
                      to Comment |  | 15, 
                      32 |   
                    | Class of Works
 |  | 1) Software and games that are played on video game machines 
                      (Submission 15) 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 (Submission 32(6))
 |   
                    |  |  | Reply 
                      comment (9 pages) |  |  |  Page 1 | Page 2 |
Page 3 | Page 4 |
Page 5 | Page 6 |
Page 7 | Page 8 |
Page 9 | Page 10 |
Page 11
 
 Comment files are also available for download from our FTP 
site. (Users can select multiple files or drag-and-drop into document 
folders.)
 
 
 
 
 
 
 |