The Section 1201 Rulemaking Jonathan Band Jonathan Band PLLC

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Presentation transcript:

The Section 1201 Rulemaking Jonathan Band Jonathan Band PLLC

Jonathan Band PLLC Technology Law and Policy Digital Technology Digital technology provides copyright owners with innovative and low cost means of distributing content. But digital technology also exposes copyright owners to unauthorized reproduction and distribution without degradation. Technology may provide solutions to this problem: Digital Rights Management (DRM).

Jonathan Band PLLC Technology Law and Policy Technological Protection Measures Preventing unauthorized access to copyrighted works. – Encryption – Content Scrambling System (CSS) for Digital Versatile Discs (DVDs) – Can require licensees of decryption algorithm to limit functionality of devices – Regional encoding Preventing unauthorized copies of copyrighted works – CD encoding

Jonathan Band PLLC Technology Law and Policy Limits of Technological Protections TPMs can be hacked. DeCSS developed by 16 year old in Norway. Legal protection of technological protections.

Jonathan Band PLLC Technology Law and Policy Prohibition on Circumvention World Intellectual Property Organization (WIPO) Copyright and Performances and Phonograms Treaties (1996). U.S. Digital Millennium Copyright Act (1998). Free Trade Agreements, including TPP (2015).

Jonathan Band PLLC Technology Law and Policy Section 1201 of the DMCA Prohibition on circumvention of access controls. Prohibition on manufacture and distribution of devices primarily designed or marketed to circumvent access controls. Prohibition on manufacture and distribution of devices primarily designed or marketed to circumvent copy controls.

Jonathan Band PLLC Technology Law and Policy Limitations on Circumvention Provisions Enumerated exceptions for legitimate purposes (e.g. reverse engineering for interoperability, security testing). Procedure for additional exceptions. Exemptions just approved by the Librarian of Congress. – Enabling screen-readers for visually impaired – Film clips for educational uses – Videogame Preservation – Unlocking, Jailbreaking, Cars, Security, 3D Printers

Jonathan Band PLLC Technology Law and Policy Circumvention Prohibitions Remain Controversial Prohibit legitimate uses (e.g., library preservation). Abusive practices in after-markets. Rulemaking Process Possible Reforms?

Jonathan Band PLLC Technology Law and Policy Thank you for your attention!

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