What the DMCA Exemption Rulemaking Left Out

I am saving my reading and comments on the section 1201 rulemaking for this weekend’s news cast. In the meantime, here is an interesting post by Mike Masnick at Techdirt. The biggie, the one PJ at Groklaw also pointed out in her news picks yesterday too, is the sustained rejection of an exemption for accessing video content, both on disc and streaming, if there exists no lawful way to unlock it on a given platform, e.g. on Linux.

It’s an uncomfortable rejection as I can see both sides. I don’t want to have to forego my operating system of choice just to partake of certain creative works but giving Linux a pass discourages its developers, and those for other platforms, from seeking licenses in the first place. It would also create an unintended all piracy, all the time lane to the internet.

My sense is section 1201 is simply too blunt a tool to accommodate the stipulations of open source and free software licenses with the reality of acquiring a commercial license to systems like CSS for DVD and AACS/BD+ for Blu-ray.

So What DMCA Exemption Requests Got Rejected? Techdirt

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