Reply Comment on Anticircumvention Rulemaking--Hernan2

Name and Affiliation I am Shawn Hernan, a senior member of the technical staff at the CERT Coordination Center (CERT/CC). CERT/CC is part of the Software Engineering Institute, a federally funded research and development center operated by Carnegie Mellon University and dedicated to improving the state of the practice of software engineering. The following reply comment, supporting or amplifying comments submitted in the first comment period by Static Control Components, Inc., are submitted on behalf of CERT/CC. Proposed Class(es) of Works This reply comment is intended to support or amplify the earlier comments by Static Control Components, Inc., with respect to the following proposed classes of works: 1. Literary works including computer programs embedded in a machine or product and which cannot be copied during the ordinary operation or use of the machine or product. 2. Literary works including 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. Summary of the Argument(s) The following argument is offered in support of both of the proposed exemptions: This comment in support of the proposed exemptions is made in order to relieve the restraints on security testing practices and vulnerability research for which the existing exception ...