[Federal Register: February 10, 2003 (Volume 68, Number 27)]
[Proposed Rules]
[Page 6678-6679]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr10fe03-28]
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LIBRARY OF CONGRESS
Copyright Office
37 CFR Part 201
[Docket No. RM 2002-4A]
Exemption to Prohibition on Circumvention of Copyright Protection
Systems for Access Control Technologies
AGENCY: Copyright Office, Library of Congress.
ACTION: Notice of inquiry.
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SUMMARY: The Copyright Office of the Library of Congress has granted a
petition by Static Control Components, Inc. to consider a newly-
proposed class of works to be exempted from the prohibition on
circumvention of technological measures that control access to
copyrighted works as part of a pending rulemaking pursuant to the
Digital Millennium Copyright Act. The Office has posted Static
Control's comment in support of the proposed exemption on its website
and seeks reply comments on the proposed exemption.
DATES: Reply comments must be received by the Copyright Office General
Counsel no later than 5 pm Eastern Standard Time on March 10, 2003.
ADDRESSES: Electronic Internet submissions must be made through the
Copyright Office Web site at http://www.copyright.gov/1201/comment_forms.
See Exemption to Prohibition on Circumvention of Copyright
Protection Systems for Access Control Technologies, 67 FR 63578, 63582
(October 15, 2002), for file formats and other information about
electronic and non-electronic filing requirements. If delivered by
hand, comments should be delivered to the Office of the General
Counsel, Copyright
[[Page 6679]]
Office, LM-403, James Madison Memorial Building, 101 Independence
Avenue, SE., Washington, DC. If delivered by means of the United States
Postal Service, comments should be addressed to David O. Carson,
General Counsel, Copyright GC/I&R, PO Box 70400, Southwest Station,
Washington, DC 20024-0400.
FOR FURTHER INFORMATION CONTACT: Rob Kasunic, Office of the General
Counsel, Copyright GC/I&R, PO Box 70400, Southwest Station, Washington,
DC 20024-0400. Telephone (202) 707-8380; telefax (202) 707-8366.
SUPPLEMENTARY INFORMATION: The Copyright Office of the Library of
Congress is currently conducting proceedings mandated by the Digital
Millennium Copyright Act, which provides that the Librarian of Congress
may exempt certain classes of works from the prohibition against
circumvention of technological measures that control access to
copyrighted works. See 17 U.S.C. 1201(a)(1)(C). The purpose of this
rulemaking proceeding is to determine whether there are particular
classes of works as to which users are, or are likely to be, adversely
affected in their ability to make noninfringing uses due to the
prohibition on circumvention. If there are, the Librarian may exempt
such classes from the statutory prohibition.
Comments proposing classes of works to be exempted were due
December 18, 2002. However, in order to provide flexibility in this
rulemaking proceeding and to take into account unforeseen developments
that might significantly affect the recommendation of the Register of
Copyrights, the Office's October 15, 2002 Notice of Inquiry provided an
opportunity to petition the Register for consideration of new
information that could not reasonably have been known prior to the
December 18 deadline. See Exemption to Prohibition on Circumvention of
Copyright Protection Systems for Access Control Technologies, 67 FR
63578, 63582 (October 15, 2002). The Notice of Inquiry states that a
petition to consider new classes of works proposed for exemption must
be in writing and must set forth the reasons why the information could
not have been made available earlier and why it should be considered by
the Register after the deadline. A petition must also set forth the
proposed class or classes of works to be exempted, a summary of the
argument, the factual basis for such an exemption and the legal
argument supporting such an exemption. The Register's determination
whether to accept such a petition is based on the stage of the
rulemaking process at which the request is made and the merits of the
petition.
Static Control Components, Inc. (``Static Control'') has petitioned
for consideration of the following classes of works:
1. Computer programs embedded in computer printers and toner
cartridges and that control the interoperation and functions of the
printer and toner cartridge;
2. Computer programs embedded in a machine or product and which
cannot be copied during the ordinary operation or use of the machine or
product; and
3. Computer programs embedded in a machine or product and that
control the operation of a machine or product connected thereto, but
that do not otherwise control the performance, display or reproduction
of copyrighted works that have an independent economic significance.
The Register of Copyrights has determined that Static Control has
adequately explained why the information set forth in its petition
could not have been made available earlier, and that Static Control has
set forth sufficiently serious arguments on the merits to warrant
consideration of its proposal after the initial deadline. Accordingly,
the ``Petition of Static Control Components, Inc. for Consideration of
New Information'' has been accepted as a comment proposing three
classes of works to be exempted from the prohibition on circumvention,
and interested parties are invited to submit reply comments responsive
to this comment, either in support of or opposition to the Static
Control proposal. Static Control's comment is available on the
Copyright Office Web site at http://www.copyright.gov/1201/2003/petitions/
.
Reply comments responsive to this new comment will be accepted from
February 24, 2003 until March 10, 2003, at 5 pm Eastern Standard Time.
Commenters are encouraged to file their comments electronically. See
ADDRESSES, above. Please review the initial Notice of Inquiry for
format requirements for comments. See 67 FR at 63582 (October 15,
2002).
Dated: February 5, 2003.
David O. Carson,
General Counsel, Copyright Office.
[FR Doc. 03-3256 Filed 2-7-03; 8:45 am]
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