In response to the Notice of Proposed Rulemaking Exemption to Prohibition on Circumvention of Copyright Protection Systems for Access Control Technologies (NOPR),The New America Foundation’s Open Technology Initiative (OTI) submits the following comments and respectfully asks the Librarian of Congress to exempt the following classes of works from 17 U.S.C. § 1201(a)(1)’s prohibition on the circumvention of access control technologies for the period 2012-2015:
ProposedClass5: Computer programs that enable wireless telephone handsets (‘‘smartphones’’) and tablets to execute lawfully obtained software applications, where circumvention is undertaken for the purpose of enabling interoperability of such applications with computer programs on the handset or tablet.
ProposedClass6a: Computer programs, in the form of firmware or software, including data used by those programs, that enable mobile devices to connect to a wireless communications network, when circumvention is initiated by the owner of the device to remove a restriction that limits the device’s operability to a limited number of networks, or when circumvention is initiated to connect to a wireless communications network.
The full comments can be downloaded as a pdf here or under Related Fileson the right.