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LIBRARY OF CONGRESS UNITED STATES COPYRIGHT OFFICE EXEMPTION TO PROHIBITION ON CIRCUMVENTION OF COPY

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The document is a petition submitted by TracFone Wireless, Inc. to the United States Copyright Office opposing a proposed exemption from the prohibition on circumventing copyright protection systems for software that operates wireless telecommunications handsets. TracFone argues that the exemption would significantly harm its business model by allowing unauthorized access to its proprietary software, leading to increased costs and potential bankruptcy. The petition details the implications of such an exemption on TracFone's operations, customer base, and the broader market for prepaid wireless services.

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What is the anti circumvention statute section 1201?

Enacted in 1998 as part of the Digital Millennium Copyright Act (DMCA), section 1201 prohibits the circumvention of technological measures employed by or on behalf of copyright owners to protect access to their works (also known as access controls), as well as the trafficking in technology or services that Section 1201 Study - U.S. Copyright Office copyright.gov policy copyright.gov policy

What is the 17 US Code 1201 circumvention of copyright protection systems?

The Digital Millennium Copyright Act (DMCA), codified in part in 17 U.S.C. 1201, makes it unlawful to circumvent technological measures used to prevent unauthorized access to copyrighted works, including copyrighted books, movies, video games, and computer software. Section 1201 - U.S. Copyright Office U.S. Copyright Office (.gov) U.S. Copyright Office (.gov)

What is the DMCAs anti circumvention provision?

Section 103 (17 U.S.C Sec. 1201(a)(1)) of the DMCA states: No person shall circumvent a technological measure that effectively controls access to a work protected under this title. Anti-circumvention - Wikipedia wikipedia.org wiki Anti-circumvention wikipedia.org wiki Anti-circumvention

What are the exceptions to the Library of Congress DMCA?

The exemptions cover circumstances involving: nonprofit libraries, archives, and educational institutions; law enforcement, intelligence, and other government activities; reverse engineering; encryption research; exceptions regarding minors; protection of personally identifying information; and security testing. A Legal Overview of Section 1201 - Library of Congress loc.gov 1201backgroundtranscript loc.gov 1201backgroundtranscript

What are the provisions of the Digital Millennium Copyright Act?

Provisions of the DMCA. No circumventing digital protections: A ban on circumventing a technological measure or access control technology. No distribution of devices designed to circumvent digital protections: A ban on trafficking in technology that circumvents access-control measures.

What does Section 512 of the DMCA cover?

Copyright owners have the right to control certain uses of their copyright-protected works. Congress created the notice-and-takedown system in section 512 of the Copyright Act in order to help balance the rights of copyright owners with the ways in which people use the internet.

What is the DMCA safe harbor takedown?

The DMCAs safe harbor regime offers immunity to claims of copyright infringement if (among other requirements) online service providers promptly remove or block access to infringing materials after copyright holders give appropriate notice.

Is circumventing DRM legal?

Even if you have the software or device available to successfully circumvent the DRM make the copy, doing so is likely to violate the DMCA and could subject you to civil (money) damages and even criminal charges, if the circumvention is willful and for commercial gain.

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