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New DMCA exemptions granted
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The following comments relate to this news article:

New DMCA exemptions granted

article published on 22 November, 2006

On Wednesday, the Copyright Office/Library of congress published its determination in the latest triennial exemption rule-making. Congress mandated that the register of copyrights revisit the anti-circumvention provisions in the Digital Millennium Copyright Act (DMCA) every three years to ensure that consumers have proper access to things they have purchased. Six exemptions were granted. ... [ read the full article ]

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AfterDawn Addict

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23. November 2006 @ 05:18 _ Link to this message    Send private message to this user   
thus why to me the DMCA dos not exsist because it breaks FAIR USE and the the fair use law came frist and is mroe reasonable this DMCA FAILS.
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TheJoxter
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24. November 2006 @ 00:24 _ Link to this message    Send private message to this user   
What exactly is five about how does that have anything to do with DMCA?
georgeluv
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24. November 2006 @ 07:00 _ Link to this message    Send private message to this user   
good now i have a clearer understanding of the stupid monopolistic laws that (try to) limit what i can do with my own things that i bought and slow down social progress for the purpose of keeping a small number of rich dudes rich.

way to serve the public good!
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24. November 2006 @ 08:41 _ Link to this message    Send private message to this user   
so i guess .ISOs are out of the question?!
gogochar
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25. November 2006 @ 09:16 _ Link to this message    Send private message to this user   
Originally posted by TheJoxter:
What exactly is five about how does that have anything to do with DMCA?
Good question. I guess they see it as a copyright something or other. Who knows. Next thing you know, we can't hack into our watches because that's some kind of copyright infringment.

This message has been edited since posting. Last time this message was edited on 25. November 2006 @ 09:17

gogochar
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25. November 2006 @ 09:16 _ Link to this message    Send private message to this user   
Deleted.

This message has been edited since posting. Last time this message was edited on 25. November 2006 @ 09:17

AWagentX
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25. November 2006 @ 14:10 _ Link to this message    Send private message to this user   
am I correct in think that #2 makes emulators / roms more legal for systems that are no longer developed or for sale eg: NES SNES Faricom SuperFaircom Sega (cartrage not cd) game boy (not shure compabible with newer ones) virtual boy atari's systems etc. if a user is developing a non comertal archive of the titles etc.?
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25. November 2006 @ 14:49 _ Link to this message    Send private message to this user   
5. Computer programs in the form of firmware that enable wireless telephone handsets to connect to a wireless telephone communication network, when circumvention is accomplished for the sole purpose of lawfully connecting to a wireless telephone communication network.



this means if you have to hack/adjust or use non approved firmware to get "said device" to work that its ok on everything else its illict 0-o.
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25. November 2006 @ 14:50 _ Link to this message    Send private message to this user   
2. Computer programs and video games distributed in formats that have become obsolete and that require the original media or hardware as a condition of access, when circumvention is accomplished for the purpose of preservation or archival reproduction of published digital works by a library or archive. A format shall be considered obsolete if the machine or system necessary to render perceptible a work stored in that format is no longer manufactured or is no longer reasonably available in the commercial marketplace.


to them "reasonably available" means if you can buy it of ebay under 200$
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CiDaemon
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26. November 2006 @ 13:43 _ Link to this message    Send private message to this user   
Quote:
2. Computer programs and video games distributed in formats that have become obsolete and that require the original media or hardware as a condition of access, when circumvention is accomplished for the purpose of preservation or archival reproduction of published digital works by a library or archive. A format shall be considered obsolete if the machine or system necessary to render perceptible a work stored in that format is no longer manufactured or is no longer reasonably available in the commercial marketplace.
As far as I can tell, this legalizes ROMS for the following consoles: NEW, SNES, N64, PS1, Genesis, Game Gear, Gameboy, Gameboy Color, Gameboy Advance, most MAME consoles, Atari's consoles, Apple II, and any other console which is not longer manufactured. And, considering that the Ps3 is selling for nothing under $1000 on ebay, does that make it "not reasonably available"? ;)

So, it logically follows that this overrides the one-day rule for ROMs (on these consoles) ... good deal.

Quote:
6. Sound recordings, and audiovisual works associated with those sound recordings, distributed in compact disc format and protected by technological protection measures that control access to lawfully purchased works and create or exploit security flaws or vulnerabilities that compromise the security of personal computers, when circumvention is accomplished solely for the purpose of good faith testing, investigating, or correcting such security flaws or vulnerabilities.
I can do most anything under the guise of "good faith testing"...disassembly included.

Quote:
1. Audiovisual works included in the educational library of a college or university?s film or media studies department, when circumvention is accomplished for the purpose of making compilations of portions of those works for educational use in the classroom by media studies or film professors.
If I were to donate a video to the MIT library and then check it out, I could do anything I want to it uder the guise of "educational purposes"? Looks like I'd better get donatin'!

Brilliant!

This message has been edited since posting. Last time this message was edited on 26. November 2006 @ 13:46

AfterDawn Addict

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26. November 2006 @ 13:53 _ Link to this message    Send private message to this user   
CiDaemon
wouldn't the PS2 and PS3 having near full PS1 emulation of that not make it so?

I only think old hardware counts under "no longer reasonably available in the commercial marketplace. " :P

but more gray area the better :3
DR34MER
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26. November 2006 @ 16:34 _ Link to this message    Send private message to this user   
Point 5 refers to the current trend of unlockimg mobile/cell phones that have been locked to work with only one network (AKA being "branded), such the Motorola A1000 being locked to Hutchinson Telecommunications "3" 3G network in the EU, Australia and other countries. To do requires reprogramming the firmware. Another thing Point 5 refers is the unlocking of mobile/cell phone features that have otherwise been disabled and/or crippled in the 'branding' process, such as bluetooth only working between Motorola RAZR handsets on the same network in certain cases.
DR34MER
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26. November 2006 @ 16:36 _ Link to this message    Send private message to this user   
Zippy : no it would not, as the original media is still used when emulating a PS1 on a PS2. The clause only applies when the original media and/or original platform can no longer be used.
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26. November 2006 @ 16:45 _ Link to this message    Send private message to this user   
OMG uuu got brains *naws on your head* 0-o

*L*
Nice I like vague laws however it wont stop them from suing people....they will barely feel the bump when they run over you...errr it.....

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27. November 2006 @ 10:22 _ Link to this message    Send private message to this user   
rule 2 would only make the rom legal if the copyright for that rom is severed. Roms like Pac Man would still be considered illegal since the copyright is still in effect. As for the emulators,it would be totally legal to emulate an obsolete system.
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27. November 2006 @ 10:29 _ Link to this message    Send private message to this user   
punqewe
even if the copyright is intact the archival of the old program is legit its public distribution however might not be.
CiDaemon
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27. November 2006 @ 17:17 _ Link to this message    Send private message to this user   
It's always legal to emulate a system, but not to use the emulator with any copyrighted software (i.e. ROMs).

I didn't consider the fact that hardware was still available that could run these programs (i.e. ps2 running ps1 games). I suppose that invalidates my earlier statement.

And I understand the phone thing, having done it myself; You want a Motorola RAZR, but it is only available for certain networks (i.e. sprint) and you don't use any of these networks. You could modify the firmware to allow access to other networks, i.e. T Mobile. This is good, considering I have done exactly what was described in the example ;).

I have no doubt that the MIAA, etc. will sue over these "grey areas" that we've found so quickly, but al least a smart defendant would have a fairly good defense on the grounds of non-specification.
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27. November 2006 @ 17:27 _ Link to this message    Send private message to this user   
CiDaemon
well it might not gain public distro for the PSX and there is alot ot be said about having the program unchanged for the system it was ment for.

Its more a double gray area.dose digital distro over ride this maybe maybe not but its a start.
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27. November 2006 @ 17:29 _ Link to this message    Send private message to this user   
@ZIppyDSM...I never said anything about distro.
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27. November 2006 @ 17:35 _ Link to this message    Send private message to this user   
in this case distro=shearing *L*
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27. November 2006 @ 17:48 _ Link to this message    Send private message to this user   
I don't see where you see anything in my post about anything changing hands.
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27. November 2006 @ 17:56 _ Link to this message    Send private message to this user   
punqewe
even if tis copy righted you can still archive it if tis on the older systems,the only thing copy right dose is keep you from shearing it and saleing it.
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27. November 2006 @ 18:03 _ Link to this message    Send private message to this user   
I fully understand the laws around this,but what your comments were about had nothing to do with my posts. I said nothing about sharing anything,or selling it. Please don't put words in my mouth and move on.
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27. November 2006 @ 18:07 _ Link to this message    Send private message to this user   
Ok zippy, theres something called spellcheck. LEARN IT!
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AfterDawn Addict

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27. November 2006 @ 18:10 _ Link to this message    Send private message to this user   
Pspness
firefox needs a better spell checker :3


Mmm or I need a better brain 0_o
 
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