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DOJ Writes to Copyright Office: Security Research is Cool.

On June 28, the Computer Crime and Intellectual Property Section (CCIPS) of the Department of Justice voiced its support for CDT’s request that the Copyright Office expand an exemption under Section 1201 of the Digital Millennium Copyright Act that allows computer security researchers to find and repair flaws and vulnerabilities in programs without running afoul of copyright law. We hope the Office will give the CCIPS letter due consideration as it prepares its recommendations for the next round of exemptions.

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Embedded Tweets and Display Rights: Dangerous Legal Ground for the Web

In a troubling recent decision (Goldman v. Breitbart) a court in the Southern District of New York found that embedding an image from Twitter in a web page hosted by a news sites can infringe on the exclusive right of the photographer to control the public display of the image. In the case, photographer Justin Goldman said that new sites, including Breitbart, infringed on this right when they included an embedded image of a tweet that contained a photograph he took of Patriots quarterback Tom Brady in the Hamptons

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Security Research and the DMCA: The Copyright Office streamlines the exemption process

In late October, the Copyright Office announced that it plans to make it easier for people to fully use their lawfully purchased items, choose which mechanics work on their cars, and improve the security of software-enabled devices. Under current law, Section 1201 of the Digital Millennium Copyright Act (DMCA), it’s illegal to circumvent the technological protection measures (TPMs) that limit the use, modification, and repair of software. TPMs are ubiquitous; they’re in everything from smartphones to cars and coffee makers, acting as digital locks on the computer code within. And bypassing these locks can trigger criminal penalties, even with a good, non-infringing reason. However, the law also includes a process by which the Librarian of Congress and the Copyright Office can issue exemptions to this flat ban on circumvention. The triennial exemptions allow the bypassing of TPMs for certain non-infringing purposes, but these exemptions are only valid for three years.

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Tech Talk: Allied for Startups and Asserting Creative Control

CDT’s Tech Talk is a podcast where we dish on tech and Internet policy, while also explaining what these policies mean to our daily lives. In this episode, we talk to Melissa Blaustein of Allied for Startups about how startups and policymakers can better work together. We also explore how social justice and intellectual property are related, while previewing a new legal clinic for content creators.

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