December 2 comment as the starting point for our new comment

LIBRARY OF CONGRESS UNITED STATES COPYRIGHT OFFICE Washington, D.C. In the Matter of EXEMPTION TO PROHIBITION ON CIRCUMVENTION OF COPYRIGHT PROTECTION SYSTEMS FOR ACCESS CONTROL TECHNOLOGIES (Docket No. RM 2008-8) COMMENTS ADDRESSING THE PROPOSED CLASSES OF EXEMPT WORKS in Response to: NOTICE OF PROPOSED RULEMAKING DATED DECEMBER 29, 2008 73 Federal Register 79425 Submitted Monday, February 2, 2009, by YOUGHIOGHENY COMMUNICATIONS-TEXAS, LLC D/B/A POCKET COMMUNICATIONS COMMENTS ADDRESSING THE PROPOSED CLASSES OF EXEMPT WORKS I. BACKGROUND In 2006, the Library of Congress issued a Digital Millennium Copyright Act 1Exemption (the “2006 Exemption”) authorizing what has become known as “cell-phone unlocking,” but that 2006 Exemption will only remain in effect until October 28, 2009. On October 6, 2008, the United States Copyright Office (the “Office”) of the Library of Congress published in the Federal Register a Notice of Inquiry for Exemption to Prohibition on Circumvention of Copyright Protection Systems for Access Control Technologies (the “October Notice”) requesting written comments in order to elicit evidence on whether non-infringing uses of certain classes of works (“Classes”) are, or 2are likely to be, adversely affected by the anti-circumvention prohibition (“Anti-Circumvention Provision”) of the Digital Millennium Copyright Act of 1998. On December 2, 2008, Youghiogheny ...