Every three years the US Copyright Office asks the public to suggest exemptions to the DMCA restrictions on circumventing DRM. Recommendations were submitted in a Section 1201 rule-making procedure earlier this year, and today the Register of Copyrights has published a list of the exemptions which were accepted or rejected.
The list (PDF) was passed to the Librarian of Congress for approval, and it falls short of my hopes.
We can’t, for example, bypass the DRM on a litter box, coffee maker, or drone (no one made the request). On a related note, Chris Meadows’ request to let us bypass DRM so we could format-shift ebooks was rejected, alas.
But on the upside Consumerist reports that a few important exemptions were accepted by the Register. Schools will continue to be able to bypass DVD DRM to copy clips of movies, and the Internet Archive’s collection of old computer games and apps is now completely legal. Jailbreaking your iPhone is also aboveboard, and so is security testing on your vehicle.
- Education: College and university faculty and students, K-12 faculty and students, and libraries and museums continue to be able to circumvent DRM on “motion pictures” (TV and movies) for the purposes of using short sections of media for criticism, comment, and education.
- Cars: An exemption to permit DRM circumvention is made to cars’ computer systems except for telmatics (the “black box”) and entertainment systems “when circumvention is a necessary step undertaken by the authorized owner of the vehicle to allow the diagnosis, repair or lawful modification of a vehicle function.”
- Device unlocking and jailbreaking: Mobile phone unlocking and jailbreaking continue to be permitted, and the exemptions now extend to other multi-function mobile devices, including tablets and wearables. Jailbreaking exemptions do also now extend to smart-TVs, so long as it’s only to install new software, but they do not extend to single-purpose devices like ereaders.
- Security research: For the purposes of “good faith security research,” researchers may hack cars, voting machines, and medical devices “where such activity is carried out in a controlled environment designed to avoid any harm to individuals or the public.” You can’t hack a medical device that’s being used, but you may take one to a lab and have at it in isolation.
- Video games: Plenty of games require server authentication to work… but over time, those servers keel over or get unplugged. Individuals may break DRM to get their own abandoned, legally purchased games to work locally for their own personal use, and that libraries and museums may do so for educational and archival purposes as well.
While this is good news, I wouldn’t get to cracking the DRM on your Jeep just yet; most of the exemptions won’t take effect for 12 months. The delay is intended to give regulatory agencies time to come to terms with the new rules.
image by frankieleon