Poking Holes in the DMCA - Page 5

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.

    EFF has long sought exemptions from the Digital Millennium Copyright Act's (DMCA) prohibition on bypassing technological protections used to limit consumer use of DVDs and copy-protected CDs.

    Public-interest advocacy organization Public Knowledge joined EFF in filing the comments to the LoC.

    EFF asked the LoC to create DMCA exemptions for four types of digital media:

    1) music on copy-protected CDs

    2) movies on DVDs whose region coding restrictions prevent playback on U.S. players

    3) movies on DVDs which prevent skipping of commercials

    4) movies in the public domain released on DVD

    If granted, these exemptions will allow consumers to make full use of the music and movies that they've lawfully obtained.

    Continued on the next page Page 1Page 2Page 3Page 4 — Page 5 — Page 6

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