Unfortunately, as the law currently stands, our readers are being denied that opportunity … [t]hese extra features are only available on DVD and allowing them to see a portion could be the final nudge to get somebody to purchase it.61
Blogcritics contributor Travis Lee agrees with Mr. Caruso that consumers also suffer when reviewers cannot include quotations of ancillary material on DVDs:
- The specials and knick-knacks lurking around every [corner] of these [Lord of the Rings Special Edition DVDs] is enough to go out and buy yet ANOTHER version of this movie. It doesn't stop. Putting samples of commentary as well as effects and other non-sense on this your lovely BlogCritics wouldn't do the movie justice, but it'd sell about another million copies. However, I'm sparing Eric Olsen's future as well as mine and abiding by the law.62
iv. Effect of circumvention of technological measures on the market for
or value of copyrighted works
As two of Blogcritics' contributors pointed out, rather than harm the market or value of copyrighted works, an exemption for the prohibition on circumvention of CSS for ancillary works would likely increase the value of the underlying copyrighted works.
For the first time since the advent of movies, citizen-reviewers have the opportunity to engage at a deep level not only with film, but also the many ancillary elements previously unavailable. More important, they can share their insights and experience with others via the Internet. Consequently, film literacy is increasing and that too, can only be beneficial to the value of the underlying works. Rather than dismissing these elements because ancillary materials have not traditionally been available to the general public, we should be celebrating the fact that the volunteer commentators of Blogcritics have taken on this important task of increasing film literacy.
In any case, contrary to the initial determination, there is no harmful effect on the market for or value of copyrighted works.....
Carry on Ernest - one hell of a job young man. You make us sound noble. And special thanks and congrats to our Blogcritics who contributed so materially to the making of history, or something.
The Electronic Frontier Foundation also turned in an exemption request - here is a portion of their press release:
- The Electronic Frontier Foundation (EFF) today urged the Librarian of Congress (LoC) to recognize the rights of consumers to skip past commercials on DVDs, view DVDs sold only outside the U.S., and play copy-protected CDs on the players of their choice.
Article comments