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[liberationtech] Let's make rooting phones a crime

Seth David Schoen schoen at eff.org
Wed Feb 20 16:43:49 PST 2013


hwamyeon writes:

> While I agree that the anti-circumvention provision of the DMCA should
> be revoked, I don't think we should be tasking the Librarian of Congress
> to do this for us. The Librarian of Congress's power of exemption is
> supposed to be specifically in the interest of supporting the mission of
> the library. Fundamental changes to the DMCA is a political issue that
> we should be tasking Congress with.

I agree that it would be preferable to have a comprehensive fix, like
repealing the entirety of §1201.

The current law calls for the Librarian of Congress to decide "whether
persons who are users of a copyrighted work are, or are likely to be
in the succeeding 3-year period, adversely affected by the prohibition
under subparagraph (A) in their ability to make noninfringing uses under
this title of a particular class of copyrighted works". 17 USC §1201(a)(1)(C).
So that determination isn't limited to "the interest of supporting the
mission of the library".

-- 
Seth Schoen  <schoen at eff.org>
Senior Staff Technologist                       https://www.eff.org/
Electronic Frontier Foundation                  https://www.eff.org/join
454 Shotwell Street, San Francisco, CA  94110   +1 415 436 9333 x107



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