BSA, CTA, Others Tell CO of DMCA TPM Circumvention Requests; Some Copyright Interests Offer Cautions

Some commenters told the Copyright Office they seek leeway under Section 1201 of the Digital Millennium Copyright Act for circumventing technological protection measures, showed filings last week on regulations.gov COLC-2017-0007-0001. The Auto Care Association and CTA requested "exemption for diagnosis, repair, and modification of computer programs that control" autos' operation so "owners of vehicles [can] obtain the benefits from the exemption recognized in the previous triennial review," "free of any constraint in time or scope based on external, non-copyright factors, as were imposed in the previously granted exemption." BSA|The Software Alliance also sought an exemption involving cars, for "good-faith security research [that] does not violate any applicable law." Repair entity iFixit asked the CO for "an expansion to all existing repair exemptions to allow third parties to provide service at the request of the owner" and contends "Sec. 1201(a) does not bar the creation and distribution of tools primarily intended for repair of devices that contain embedded software protected by technological measures."

Some like DVD Copy Control Association and Advanced Access Content System Licensing Administrator opposed a proposal, and the Alliance of Automobile Manufacturers had concerns about a request. The Entertainment Software Association, MPAA and RIAA didn't oppose petitions for renewal of exemptions, but said the streamlined renewal process should be "available only to petitioners 'seeking readoption of a current exemption.'" Current exclusions on uses by multiple classes of users with no one seeking to renew a portion that applies only to one class "should renew only the portion of the exemption applicable to the classes of users who requested renewal," the self-described “Joint Creators and Copyright Owners” wrote. In instances where the register of copyrights deems there is "meaningful opposition," the request should "'automatically be treated as a petition for a new exemption, and will be considered pursuant to the more comprehensive rulemaking proceeding,'" they said.

Groups generally supportive of more access to information made filings. The Electronic Frontier Foundation focused with others on video excerpts, among other EFF requests. The Center for Democracy & Technology discussed security-testing measures. A post Thursday on EFF's website called Section 1201 "a deeply flawed and unconstitutional law," saying it "lets hardware and software makers, along with major entertainment companies, control how your digital devices are allowed to function and how you can use digital media," including with legal risks for security researchers, repair shops and users.