The 2012 DMCA Rulemaking: What We Got, What We Didn’t, And How To Improve The Process Next Time

Corynne McSherry and Marcia Hofmann | Electronic Frontier Foundation | November 2, 2012

Last week the Librarian of Congress issued his final decision (pdf) limiting copyright owners’ ability to sue you for making full use of the works you buy.  The short version: it’s a mixed bag. On one hand, the Librarian looked to the future, broadening existing exemptions for extracting clips from DVDs to include clips from movies distributed online, as well.  At the same time, the Librarian refused to expand an exemption for "jailbreaking" smartphones to include the smartphone’s cousin, the tablet, even though there is little practical difference between the two devices. Equally illogically, the Librarian refused to grant an exemption for jailbreaking video game consoles.

Now the long version...