Reply Comment on Anticircumvention Rulemaking--Perkins

Name Matthew Perkins Minneapolis, Minnesota Classes of works (1) Any digital-format work, including but not limited to Compact Discs (CDs) and Digital Versatile Discs (DVDs) which contain material not available in a comparable analog format [ …]. (comment 5) (2) [Literary works, sound recordings, or other audiovisual works] restricted by access controls that tether the work to a specific device or platform, thereby preventing a lawful possessor from using the work on an unsupported system in a non-infringing way. (comment 20) (3) Motion pictures on DVD. (comment 10) (4) Audiovisual works on DVD protected by the Content Scrambling System (CSS). (comment 15) (5) Ancillary audiovisual works distributed on Digital Versatile Discs (DVDs) using the Content Scrambling System (CSS) of access control. (comment 21) (6) Any work to which the user had lawful initial access […] after any period of lawful access if the user has physical possession of a copy of the work. (comment 28) Summary of Argument Virtually all of the classes proposed above were likewise proposed and rejected during the 2000 Anticircumvention Rulemaking. The Copyright Office based its ultimate rejection on, among others, three conclusions which I challenge in support of the proposals: (A) DVD access-control measures have increased the availability for use of copyrighted works; (B) harms related to merged access- and use-control technologies are balanced by the presence of unprotected ...