[linux-elitists] Testify at NTIA hearings about DMCA!

Don Marti dmarti@zgp.org
Mon Nov 20 10:15:56 PST 2000


Another DMCA hearing, this time at the National Telecommunications and
Information Administration.  Check this URL for info on how to testify
there -- read down for the questions to be asked.

http://www.ntia.doc.gov/ntiahome/occ/dmcahrg.htm

Good parts:

Section 109 of the Copyright Act, 17 U.S.C. 109, permits the owner of a
particular copy or phonorecord lawfully made under title 17 to sell or
otherwise dispose of possession of that copy or phonorecord without the
authority of the copyright owner, notwithstanding the copyright owner's
exclusive right of distribution under 17 U.S.C. 106(3). Commonly referred to
as the "first sale doctrine," this provision permits such activities as the
sale of used books. The first sale doctrine is subject to limitations that
permit a copyright owner to prevent the unauthorized commercial rental of
computer programs and sound recordings.

Section 117 of the Copyright Act, 17 U.S.C. 117, permits the owner of a copy
of a computer program to make a copy or adaptation of the program for
archival purposes or as an essential step in the utilization of the program
in conjunction with a machine. In addition, pursuant to an amendment
contained in title III of the DMCA, section 117 permits the owner or lessee
of a machine to make a temporary copy of a computer program if such copy is
made solely by virtue of the activation of a machine that lawfully contains
an authorized copy of the computer program, for purposes of maintenance or
repair of that machine.

Specific Questions: The principal purpose of the hearing is to inquire into
points made in the written comments submitted in this proceeding, and not to
raise new issues for the first time. Specifically, the public hearing will
(and therefore the one page summary of intended testimony must) focus on the
following questions:

   * What are the policy justifications for or against an amendment to
     Section 109 to include digital transmissions, and what specific facts
     can you provide to support your position? What problems would an
     amendment to Section 109 address? What problems would an amendment to
     Section 109 not address? What problems would an amendment to Section
     109 create? What problems would be averted by leaving this section
     unchanged? What would be the likely impact on authors and other
     copyright owners of an amendment to Section 109 modeled on Section 4 of
     H.R. 3048, 105th Cong., 1st Sess. (1997), and what is the basis for
     your assessment?

   * Please explain in detail the impact an amendment to Section 109 to
     include digital transmissions would have on the following activities of
     libraries with respect to works in digital form: (1) interlibrary
     lending; (2) use of works outside the physical confines of a library;
     (3) preservation and (4) receipt and use of donated materials. To what
     extent would an amendment to section 109 fail to have an impact on
     these activities? Please explain whether and how these activities
     should and can be accommodated by means other than amendment of Section
     109?

   * What are the policy justifications for or against an exemption to
     permit the making of temporary digital copies of works that are
     incidental to the operation of a device in the course of a lawful use
     of a work, and what specific facts can you provide to support how such
     an exemption could further or hinder electronic commerce and Internet
     growth? What problems would it address and what problems would a broad
     exemption not address? What problems would such an exemption create?
     How would your assessment differ if an exemption were limited to
     temporary digital copies of works that are incidental to the operation
     of a device in the course of an authorized use of the work?

   * What are the policy justifications for or against an expansion to the
     archival copy exception in section 117 to cover works other than
     computer programs, and what specific facts can you provide to support
     for your view? Would such an expansion of section 117 further or hinder
     electronic commerce and Internet growth? What problems would such a
     statutory change address and not address? What problems would such an
     expansion create?

   * What are the policy justifications for or against expressly limiting
     the archival copy exception in section 117 to cover only those copies
     that are susceptible to destruction or damage by mechanical or
     electrical failure? What problems would such a statutory change address
     and not address? What problems would such a change create?



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