2015年美国药品监督管理局信函

Re:Exemption to ProhibitiononCircumventionofCopyright Protection Systems for AccessControl Technologies, Docket No.2014-07 Dear Ms. Pallante: As Assistant Secretary for Communications and Information and AdministratoroftheNational Telecommunications and Information Administration (NTIA), an agencyoftheU.S.DepmimentofCommerce, I am pleased to submit our views on proposed exemptions fromthe Digital Millennium CopyrightAct's(DMCA) prohibition against circumvention,asrequiredby Title 17, Section 1201(a)(l)(C)ofthe United States Code.1NTIA appreciates the opportunityto offer its unique perspective and expertise as partofthis process. As mandatedbyCongress,NTI.A promotes"thebenefitsoftechnological development in the United States for all usersoftelecommunications and informationfacilities,"2and serves"asthe President's principal adviserontelecommunications policies pertaining to the Nation's economic and technologicaladvancement."3 As in previous rulemakings, our input to you reflects our core mission to advance thePresident's goalofpromoting the free flowofinfmmationover a ubiquitous, open, andaffordable Internet.We believe the potentialofinformation technology is maximized in partwhen the legal environment simultaneously protects intellectual prope1iy rights, facilitates acompetitive marketplace, and enables all Americans to exercise their right to make noninfringinguse oflawfully-obtained works. NTIA has conducted an extensive review and analysisofthe record in this rulemaking, andhas prepared detailed recommendations rootedinour subject matter expertise as well asinstatute. We have organized our recommendations in a fashion that enables us, as much as possible, to avoid repeating similar discussionsinseparate classes. The attached documentpresentsNTIA'sviewsoneachofthe proposed exemptions, and provides some broaderobservations about both the process and substanceofthe rulemaking. Weappreciate the opportunity to express our views to youonthe important questions raisedin this proceeding.Pastexemptions recommendedbyyour office haveinmany cases provided afoundation for innovation and economic growthinour country, and we look forward tocontinuing to work withyouto pursue those goals. Shouldyouhave any questions regarding this discussion, please feel free to call me at202-482-1840.Thank you again for your considerationofNTIA'sviewsonthis important matter. .Attachment SIXTHTRIENNIALSECTION1201RULEMAKING RECOMMENDATIONS OF THENATIONALTELECOMMUNICATIONS ANDINFORMATIONADMINISTRATION TO THEREGISTER OFCOPYRIGHTS SEPTEMBER18,2015 Table of Contents Recommendations3 I.Broad Observations3 A.Enhancements to the Rulemaking Process3B.Treatment of Non-Copyright Policy Issues3C.Use of Access Controls for Non-Copyright Purposes6D.Similar Works on Different Devices8 II.Specific Classes 10 A.Audiovisual Works101.Educational Uses (Classes 1-4)112.Filmmaking and Other Derivative Work Creation (Classes 5-7)233.Space Shifting and Format Shifting (Class 8)29B.Literary Works Generally331.Interoperability with Assistive Technologies (Class 9)332.Space Shifting and Format Shifting (Class 10)35C.Unlocking: Software Interoperability with Networks (Classes 11-15)36D.Jailbreaking: Software Interoperability with Software421.Mobile Devices (Classes 16-18)422.Video Game Consoles (Class 19)463.Smart Televisions (Class 20)49E.Data Access, and Diagnosis, Repair, or Modification of Software-Driven Devices521.Motorized Land Vehicles (Class 21)522.Medical Devices (Part of Class 27)59F.Using Unsupported Software641.Video Games (Class 23)642.Music Recording Software (Class 24)70G.Software Security and Safety Research (Classes 22, 25, Part of 27)71H.3D Printer Software Interoperability with Feedstock (Class 26)89 Recommendations The National Telecommunications and Information Administration (NTIA), an agency of theU.S. Department of Commerce, respectfully submits the following recommendations as part ofthe statutorily-required consultative process pursuant to Title 17, Section 1201(a)(1)(C) of theUnited States Code. I.Broad Observations Prior to our discussion of specific proposed exemptions, NTIA offers four generalobservations related to this rulemaking: A.Enhancements to the Rulemaking Process NTIA applauds the Copyright Office for implementing constructive process changes for thesixth triennial rulemaking under Section 1201. First, NTIA thanks the Office for the opportunityto ask questions during the hearings. We appreciate being included in this fashion and hope thequestions we asked served to further clarify the record. Additionally, procedural innovationssuch as enabling members of the public to submit initial petitions without “requiring theproponent of an exemption to deliver the complete legal and evidentiary basis for its proposalwith its initial submission,”1and providing prospective submitters with petition templates, werehelpful to interested parties who lacked previous experience with the rulemaking process.Similarly,