Related Insights

Response to DOJ Letter on DMCA Exemptions for Security Researchers

On June 28, CCIPS of the Department of Justice sent a letter to the Copyright Office, voicing its support for CDT’s request that the Office expand an exemption under Section 1201 of the DMCA that allows computer security researchers to find and repair flaws and vulnerabilities in programs without running afoul of copyright law. To express our appreciation for both the letter and the Copyright Office’s willingness to accept it into the record for this exemption proceeding, we and our colleagues at the Samuelson-Glushko Technology Law & Policy Clinic submitted a response.

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Open Letter to Rapporteur Axel Voss on EU Copyright Reform

On 24 April, CDT joined over 50 organisations in an open letter addressed to rapporteur and MEP Axel Voss on the EU copyright reform. The letter focuses on the concerns surrounding the European Commission’s proposal for a neighbouring right for press publishers under Article 11 of the Copyright in the Digital Single Market Directive. We call on Mr Voss to delete Article 11 and instead consider proposing a legal presumption.

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Over 145 Organizations Ask Council to Adopt More Cautious and Evidence-Based Approach

On 26 April 2018, over 145 organisations sent an open letter on the EU copyright reform to the EU Member State Ambassadors and Deputy Ambassadors. The letter raises many concerns ahead of the meeting of the COREPER on 27 April, in which the Bulgarian Council Presidency wants EU Member States to endorse their latest copyright proposal. The letter emphasizes that there are still many legal uncertainties and potential unintended consequences of the proposals, which overall require a more cautious decision-making process. 

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Comments to US Copyright Office on Section 512 of DMCA

CDT and the R Street Institute responded to the US Copyright Office’s extensive inquiry into the impact and effectiveness of the safe harbor provisions of the Digital Millennium Copyright Act (DMCA). The organizations believe that the Internet could not have become what it is today without the immunity provided by section 230 of the Communications Act and the limitations on liability in section 512 of the DMCA.

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Additional Comments on DMCA Section 1201 Reform

CDT has submitted additional comments on the the Copyright Office policy study focused on Section 1201 of the Digital Millennium Copyright Act (DMCA), which prohibits the circumvention of technological protection measures (TPMs). CDT commented in the initial phase of this study, and these comments address the Office’s response to the proposals received to update the statute.

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Coalition Letter on Copyright Reforms in the EU

A coalition of advocacy groups issues a letter in support of copyright reforms that creates an online environment that promotes innovation, serves consumers and supports creators. They oppose some of the proposed reforms including the creation of a new ancillary right for publishers and any effort to undermine the safe harbour and no-general monitoring obligations of the e-commerce Directive.

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CDT Co-signed Letter to the EC on Copyright Reform

CDT co-signed a letter to European Commission President Juncker and several Commissioners to make the case for innovation-friendly and progressive copyright reform in Europe. Reforming European copyright legislation is a key component of the Commission’s Digital Single Market Strategy, and the need for an updated, harmonised copyright framework is widely recognised. Our letter stresses the need to ensure that strong liability limitations are maintained and that amending the definition of the rights of “communication to the public” and “making available” would be extremely harmful to the Internet as an open platform for free expression and exchange. The Commission is expected to issue a new consultation on these issues shortly, which CDT and others will respond to.

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Section 1201 Comments to US Copyright Office, Library of Congress

The time is ripe for a hard look at section 1201’s potential adverse effects on legitimate activities that do not implicate copyright concerns of rightsholders. As access-controlled software and firmware increasingly pervade and interface with nearly every facet of our lives, so, too, do copyright issues and the ability to leverage section 1201 to further interests wholly unrelated to copyright.

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