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User:Dreamyshade/Anti-circumvention article project

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Let's improve articles that explain anti-circumvention laws: get them closer to being up to date, complete, clear to non-specialist readers, and well-sourced.

I've included some potential references as footnotes on these notes. Also feel free to add to this list of tasks!

Articles that need work

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Outdated:

Incomplete:

Other problems:

  • Derek Khanna - fix neutral point of view and conflict of interest issues.

Useful for reference:

Sources

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Potential references footnoted in above section:

  1. ^ Vosgerchian, Jessica (November 7, 2012). "Latest DMCA Exemptions Restrict Jailbreaking of Smart Devices, Relax Video and E-book Circumvention Rules". Jolt Digest. Retrieved November 20, 2015.
  2. ^ Orphanides, K. G. (October 28, 2015). "Explained: new US copyright exclusions for abandoned games". Wired. Retrieved November 20, 2015.
  3. ^ Kravets, David (October 27, 2015). "US regulators grant DMCA exemption legalizing vehicle software tinkering". Ars Technica. Retrieved November 20, 2015.
  4. ^ Maeve Sheehan, Kerry (October 27, 2015). "How Army of Darkness Is Like the Digital Millennium Copyright Act". Slate. Retrieved November 20, 2015.
  5. ^ Tanner, Julia (November 15, 2015). "If You Want Tech Freedom, Congress Needs To Change A Law". TechCrunch. Retrieved November 20, 2015.
  6. ^ Koebler, Jason (November 24, 2015). "How to Fix Everything". Motherboard. Retrieved November 30, 2015.

Potentially useful sources for improving lists of anti-circumvention laws around the world: http://eprints.ucl.ac.uk/3879/1/3879.pdf has a bunch of hints for finding info, including:

"Since its partial defeat at WIPO, the US has negotiated explicit anti-circumvention provisions in bilateral free-trade agreements with Jordan (merely repeating and clarifying WCT article 11), Singapore, Chile (specifically allowing circumvention under authority of law i.e. fair use), Bahrain, Australia and Morocco. These provisions are also contained in the multilateral Central America-Dominican Republic-United States Free Trade Agreement (CAFTA), and the Free-Trade Area of the Americas (FTAA) draft treaties...One of the sticking points at that meeting was the demand from Mercosur (Brazil, Argentina, Uruguay and Paraguay) that IP be excluded from the process...The US has recently concentrated on the bilateral and more limited CAFTA multilateral agreements described earlier, as well as on negotiations with the Andean Community (Peru, Colombia and Ecuador) and Panama."

"A survey of EU implementation of anti-circumvention provisions has found that there is widespread divergence between member states on the definitions of, restrictions on and penalties for circumvention. Most startlingly, some member states that joined the EU in 2004 have ignored the consensus amongst the old member states that circumvention for the purposes of exercising the exemptions in the Copyright Directive could not be allowed. Slovenia’s implementation, for example, provides that..."

https://www.eff.org/pages/seven-lessons-comparison-technological-protection-measure-provisions has more about several countries, starting with:

"Anti-circumvention provisions based on those in the DMCA have been included in the IP chapters of the bilateral free trade agreements (FTAs) that the U.S. has recently concluded with Jordan (Article 4(13)), Singapore (Article 16.4(7)), Chile (Article 17.7(5)), CAFTA (Costa Rica, El Salvador, Guatemala, Honduras, Nicaragua and the Dominican Republic) (Article 15.5(7)), Australia (Article 17.4(7)), Morocco (Article 15.5(8)) and Bahrain (Article 14.4(7)). In addition, Article 22 of Subsection B.2.c of the third draft of the IP Chapter of the Free Trade Area of the Americas Agreement also requires signatories to provide legal sanctions for circumventing technological measures added to protect copyrighted works."

Lists

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Treaties and agreements:

Parties Year Name Notes
European Union 2001 Copyright Directive party to WIPO Copyright Treaty
92 countries 1996 WIPO Copyright Treaty

Countries:

Country Year Name Under which agreements Content of law
Australia 2006 Copyright law of Australia#Copyright Amendment Act 2006 Australia–United States Free Trade Agreement
Canada 2012 Copyright Modernization Act (Copyright law of Canada#Reform .281988-2012.29) WIPO Copyright Treaty prohibiting tampering with digital locks, with exceptions including software interoperability
Czech Republic 2006 the amendment No. 216/2006 Coll. of the Czech Copyright Act[1] Copyright Directive
Finland 2005 2005 amendment to the Finnish Copyright Act and Penal Code Copyright Directive
France 2006 loi no 2006-961 du 1er août 2006 relative au droit d'auteur et aux droits voisins dans la société de l'information, better known as "DADVSI" Copyright Directive
India 2012 Copyright (Amendment) Bill 2012 (Copyright law of India) not a signatory to the WIPO Copyright Treaty; listing on the US Special 301 Report "Priority Watch List" applied pressure permits circumventing DRM for non-copyright-infringing purposes
Israel none "signatory to, but has not yet ratified, the WIPO Copyright Treaty" Digital rights management#Israel says "In September 2013, the Supreme Court ruled that the current copyright law could not be interpreted to prohibit the circumvention of digital rights management, though the Court left open the possibility that such activities could result in liability under the law of unjust enrichment."
New Zealand 2008 Copyright (New Technologies) Amendment Act 2008 allows the use of technological protection measure (TPM) circumvention methods as long as the use is for legal, non-copyright-infringing purposes
United Kingdom 2003 Copyright and Related Rights Regulations 2003 Copyright Directive makes circumventing DRM protection measures legal for the purpose of interoperability but not copyright infringement
United States 1998 Digital Millennium Copyright Act WIPO Copyright Treaty