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Tuesday
Nov192002

DMCA Comment

The U.S. Copyright Office wants to know: "whether noninfringing uses of certain classes of works are, or are likely to be, adversely affected by [the DMCA's] prohibition on the circumvention of measures that control access to copyrighted works." [Via ILN] Comments may be submitted at this site through December 18.

[T]he initial comment period in this rulemaking specifically seeks the identification of this information [i.e., evidence supporting an exemption for a particular class of works] from proponents of exemptions. First, the commenter should identify the particular class of works that is being proposed as an exemption, followed by a summary of the argument for the exemption. The commenter should then specify the facts and evidence providing a basis for this exemption and any legal arguments in support of the exemption. Finally, the commenter may include in the comment any additional information or documentation which supports the commenter's position.
More here. But, you know, if you can't think of anything...

[Later] MetaFilter thread, with extremely well advised comments about the need for informed, well thought-out submissions, and not "behaving like a pack of howler monkeys."

[Later] More good thoughts and clarifications from Alex MacGillvary, an IP and Internet practitioner at Wilson Sonsini, a GrepLaw editor and a blogger at bricoleur. Via Donna Wentworth (who's now the second to my knowledge, after Gary Turner, to suggest I might be "the Doc Searls of blawgs" -- albeit with a less pronounced moustache. Higher praise there just ain't!). Also, apropos of Cluetrain co-authors and "les bricoleurs:"

In essence, bricolage is what tinkers do -- collecting odd bits of stuff they think may be potentially useful, then using whatever bits seem to work in the context of some later repair job. Simple. And yet profound. Because the bits the bricoleur ends up using were not designed for the use they end up being put to. Figuring out which bits to collect and how to apply them to some task at hand requires a completely different kind of thinking than the procedural algorithmic thought processes business has become so dependent upon. While the Internet may have convinced some businesses to think "out of the box," most are still not even sure what box they’re in, much less which way to turn for emergency egress. If some unprincipled individual were to yell "fire!" right about now, the entire edifice of global commerce might suddenly collapse. [Introduction to Gonzo Marketing, by Christopher Locke]

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