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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


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,


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):

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


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)


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



music written and performed

by Mike Tarantino

with Charlie Paxson on drums.

Creative Commons License

The content

of this

audcast, and the accompanying show notes and music are licensed

under the Creative

Commons Attribution-Share-Alike 4.0 license (CC BY-SA 4.0).

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