[NTLK] h*cks, kr*ks, SN

[Sonny Hung]

On Tue, Jan 19, 2010 at 9:58 PM, Tony Kan <tonykan at xtra.co.nz> wrote:

> Folks
>
> A lot of this discussion revolves around the morality of the matter but not
> too
> much about the technicalities of the applicable laws in this area.
>
> Discussing the morality of it might be useful if we were designing the law
> for
> the first time or we were entertaining notions of petitioning that a bill
> be
> drafted to amend an extant law, but in this case I wonder if we have
> sufficient
> familiarity with it to have a sensible debate.
>
> There was a reference to the Digital Millenium Copyright Act (DMCA) earlier
> and
> that it contained some exemptions for obsolete software and other classes
> of
> software that might be relevant to this discussion.  I presume that
> exemption
> means that copyright protection no longer applies?  Wikipedia's DMCA entry
> refers to these exemptions too.  Since much of the software we are wanting
> to
> preserve was written in the US, let's start with this piece of legislation.
>
> Can anyone shed any light on where we can get a hold of the text of this
> exemption so that we can see what we need to do to comply with it?
>

I just did a search for DCMA. IT pulled up a few, but these are the two I
can find and the second lists the word OBSOLETE.

http://www.copyright.gov/legislation/dmca.pdf
The word OBSOLETE is referenced on Pg 15 in this one.

<http://www.copyright.gov/legislation/dmca.pdf>
http://frwebgate.access.gpo.gov/cgi-bin/getdoc.cgi?dbname=105_cong_bills&docid=f:h2281enr.txt.pdf
<http://frwebgate.access.gpo.gov/cgi-bin/getdoc.cgi?dbname=105_cong_bills&docid=f:h2281enr.txt.pdf>

SEC. 404. EXEMPTION FOR LIBRARIES AND ARCHIVES.
(3) in subsection (c)—
(A) by striking ‘‘a copy or phonorecord’’ and inserting
‘‘three copies or phonorecords’’;
(B) by striking ‘‘in facsimile form’’;
(C) by inserting ‘‘or if the existing format in which
the work is stored has become obsolete,’’ after ‘‘stolen,’’;
(D) by striking ‘‘if the library or archives has, after
a reasonable effort, determined that an unused replacement
cannot be obtained at a fair price.’’ and inserting ‘‘if—
‘‘(1) the library or archives has, after a reasonable effort,
determined that an unused replacement cannot be obtained
at a fair price; and
‘‘(2) any such copy or phonorecord that is reproduced in
digital format is not made available to the public in that format
outside the premises of the library or archives in lawful possession
of such copy.’’; and
*(E) by adding at the end the following:*
*‘‘For purposes of this subsection, a format shall be considered **obsolete*
*if the machine or device necessary to render perceptible a*
*work stored in that format is no longer manufactured or is no*
*longer reasonably available in the commercial marketplace.’’.*

The DCMA is really a work in progress so I'm unsure if it's going to be that
straight forward in the end on this matter.
HTH.

God bless,

Sonny Hung
the Hung Family