Billington’s October 28 announcement included two new exemptions: one allowing circumvention of access controls that block read-aloud or text-to-Braille devices, and another permitting circumvention in the use of computer programs and video games whose formats have become obsolete. He renewed exemptions issued in 2000 that allowed access to the lists of websites blocked by filtering software and the circumvention of access-control mechanisms that block because of malfunction, damage, or obsoleteness. The exemptions expire after three years, after which they must be renewed by LC’s Copyright Office.
In a statement, Billington said that the decision "is not a broad evaluation of the successes or failures of the DMCA. The purpose of the proceeding is to determine whether current technologies that control access to copyrighted works are diminishing the ability of individuals to use works in lawful, noninfringing ways."
“Consumers are the real losers in today’s ruling, because the Librarian of Congress is ignoring the rights of nearly everyone who has purchased CDs and DVDs,” said Gwen Hinze, staff attorney for the Electronic Frontier Foundation. “We’re disappointed that the Copyright Office and the Librarian of Congress did not recognize the significant impact that the DMCA is having on millions of consumers’ ability to make reasonable uses of digital media they’ve purchased.”
A press release issued by four library groups expressed disappointment that “the law will continue to disallow legitimate and customary uses of digital materials by libraries and schools.” The statement by the American Library Association, the American Association of Law Libraries, the Association of Research Libraries, and the Medical Library Association noted that “researchers, technologists and other critics of this section of the law have insisted that the anti-circumvention provision stifles fair use of copyrighted information and chills legitimate research crucial to the advancement of science and technical innovation.” ALA is supporting federal legislation that would amend the DMCA.
Posted November 3, 2003.