[nfb-talk] new accessibility to materials

[Steve Jacobson]

Mike,

I don't know if anyone tried to answer this or not.  I was hoping that someone with more of a legal background would do so.  However, from what I know, the 
implications are that if someone publishes an electronic book that can only be used with inaccessible software, but if it could be accessed if the security could be 
broken, this would be permitted if the user were blind.  At least at one time, there were some electronic books which were specifically locked up so screen readers 
could not read them because the publishers felt this competed with their separate audio editions.  In the past, there were many difficulties with reading PDF 
documents because of security settings.  While this has been resolved to some extent, it still occasionally happens.  I assume that this decision could have 
implications there, too, but I'm no lawyer.

On Wed, 29 Nov 2006 08:17:52 -0500, Michael Bullis wrote:

>Can somebody explain what the implications of this are?
>Mike Bullis
>PC Pro, UK Thursday, November 23, 2006
>U.S. blind people are now permitted to circumvent any DRM on electronic 
>books
>By Simon Aughton
>US permits phone-cracking and DVD copying exemptions to copyright law
>Extract: "Under the other exemptions introduced yesterday in the US, blind 
>people are now permitted to circumvent any DRM on
>electronic books, so that they can use tools such as text-to-speech software 
>to read them."
>The US Library of Congress has approved a record number of exemptions to 
>copyright laws, granting permission for film and media
>studies professors to crack DVD discs' DRM and for breaking software locks 
>on mobile phones. In total, the Librarian of Congress,
>James H Billington has granted six exemptions, the most ever, and for the 
>first time has exempted groups of users en masse,
>including phone recyclers and people working on computer security.
>The Digital Millennium Copyright Act (DMCA), which introduced several strict 
>copyright protections into US law, stipulates that
>every three years the Librarian examines the need for any exemptions and 
>acts accordingly.
>The library's Copyright Office has determined that it will now be legal to 
>break and remove the software locks on phones so that
>they can be used with any chosen carrier. Not only will this let consumers 
>get full value from their handsets, it will also
>increase the scope for the reuse of handsets.
>While permission for film studies professors to copy extracts from DVDs has 
>always existed under fair-use provisions, the new
>exemption gives them the right to break the CSS copy-protection that 
>encumbers most DVD discs.
>The change had been resisted by Hollywood, who suggested that VHS tape 
>extracts be used instead, but professors argued that DVDs
>preserve a more accurate record of the original film print's colours and 
>dimensions.
>Under the other exemptions introduced yesterday in the US, blind people are 
>now permitted to circumvent any DRM on electronic
>books, so that they can use tools such as text-to-speech software to read 
>them.
>The Copyright Office also authorised cracking the DRM on software where the 
>technology to read it is no longer available and if
>the software's use is restricted by a dongle that is damaged and cannot be 
>replaced. Finally, the Copyright Office has given
>permission for testing DRM technologies on CDs for any possible computer 
>security vulnerabilities. This follows the widespread
>use of two such technologies by Sony BMG which opened a significant security 
>hole in Windows.
>The Electronic Frontier Foundation said it was disappointed that calls for 
>an exemption that would have allowed the copying of
>DVD content so that it could be transferred to devices such as an iPod were 
>rejected, but nonetheless welcomed the changes.
>'I am very encouraged by the fact that the Copyright Office is willing to 
>recognise exemptions for archivists, cell phone
>recyclers and computer security experts,' said Fred von Lohmann, an attorney 
>for the digital rights campaign group. 'Frankly I'm
>surprised and pleased they were granted.'
>Billington stressed that his ruling is not an indictment of the DMCA.
>'This is not a broad evaluation of the successes or failures of the DMCA,' 
>he said. 'The purpose of the proceeding is to
>determine whether current technologies that control access to copyrighted 
>works are diminishing the ability of individuals to use
>works in lawful, non-infringing ways.'
>Full details of the six exemptions are listed in the Determination of the 
>Librarian of Congress and Text of the Regulation [PDF]
>while a summary is online at copyright.gov/1201.
>LINK:
>http://www.copyright.gov/1201/docs/fedreg_notice.pdf
>(Source URL below)
>http://www.pcpro.co.uk/news/98556/us-permits-phonecracking-and-dvd-copying-exemptions-to-copyright-law.html

>_______________________________________________
>nfb-talk mailing list
>nfb-talk at nfbnet.org
>http://www.nfbnet.org/mailman/listinfo/nfb-talk