Free as in Freedom

0x6B: GPL Enforcement Investigation DMCA Exemption Request

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Software Freedom Conservancy filed multiple exemptions in the USA
Copyright Office Triennial Rulemaking Process under the Digital Millennium
Copyright Act (DMCA). In this episode, Karen and Bradley explore the
details of Conservancy's filing to request permission to circumvent
technological restriction measures in order to investigate infringement of
other people's copyright, which is a necessary part of investigations of
alleged violations of the GPL and other copyleft licenses.

Show Notes:
Segment 0 (00:39)
  • Bradley claims that you'll now love the audcast more than ever
    • (02:51)
  • Conservancy filed many exemptions as part of the currently ongoing
    • triennial DMCA Process. (02:50)
    Segment 1 (04:22)
    • Everyone in the Free Software community wishes the USA's Digital
      • Millennium Copyright Act didn't exist. (05:24)
    • Bradley is currently doing research going to the year 1790 that shows
      • the foundations of the copyright act, but Karen points out that Bradley
      isn't a professional copyright historian (yet). He points out he
      is an amateur copyright historian (05:45)
    • DMCA is the USA's implementation of the WIPO Copyright Treaty (WCT),
      • but is more a restrictive copyright act than the WCT requires. (06:50)
    • Bradley mentioned that the three videos from the Copyright Office,
      • which
      are linked to from Conservancy's blog post on the subject that, while
      they are Copyright Office propaganda, that are helpful to explain the
      DMCA (10:57):
      A Legal Overview of § 1201 (PDF slides only).
    • The Triennial Rulemaking Process for §1201 (PDF slides only).
    • Streamlined Petitions for Renewed Exemptions (PDF slides only).
    • Conservancy filed the most
      • exemption requests in the 2020/2021 Rulemaking Process (21:25)
      Segment 2 (28:07)
      • Conservancy filed an exemption request
        • and a “Long
        Form” comment in support of it that was labeled
        “Class 16: Computer Programs &—; Copyright License Investigation”
        by the Copyright Office (29:00)
      • Bradley
        • mentioned that people can get arrested just for giving talks under the DMCA,
        referring to Dmitry Sklyarov. Adobe simply called the FBI and got him
        arrested under DMCA. (38:50)
        Segment 3 (34:36)

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        Free as in Freedom is produced by Dan Lynch

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