Reply Comment on Anticircumvention Rulemaking--Carroll

Reply Comments to Comment 36. David B. Carroll 19 February 2003 1. Class of Work 1From Comment #36 : Audiovisual works as follows: foreign-language audiovisual works not available for sale in the United States but available for purchase outside the US on DVDs that are regionally encoded to prevent playback on DVD players purchased in the United States. The exemption requested is to permit circumvention of the region coding mechanism. 2. Summary of Argument Additional factual information in support of Comment #36’s initial request for an exemption is submitted. The proposed class is compared against a similar class from 2Comment #35 , which offers some advantages over this class. 3. Factual Support / Legal Arguments 3.1.Evidence of a need to circumvent DVD region coding for works in this class. The Library’s solicitation for comments makes it clear that a demonstration of actual or likely damage is a prerequisite for a successful exemption, rather than an argument based solely on hypothetical or legal grounds. I have collected additional examples of, and documentation for, real-world demand for DVD content unavailable in Region 1 (“R1”) format. 3.1.1. DVD features unavailable on VHS. In rejecting an exemption for circumvention of DVD access controls in 2000, the Library 3of Congress wrote : 1 Carroll, David B. Comment #36. 18 Dec 2002. http://www.copyright.gov/1201/2003/comments/036.pdf. 2 Von Lohmann, Fred and Gwen Hinze, Electronic Frontier ...