- “Video games accessible on personal computers and protected by technological
protection measures that control access to lawfully obtained works, when circumvention is
accomplished solely for the purpose of good faith testing for, investigating, or correcting security
flaws or vulnerabilities, if:
(i) The information derived from the security testing is used primarily to promote
the security of the owner or operator of a computer, computer system, or computer network; and
(ii) The information derived from the security testing is used or maintained in a
manner that does not facilitate copyright infringement or a violation of applicable law.”
- “Computer programs protected by dongles that prevent access due to malfunction or
damage and which are obsolete. A dongle shall be considered obsolete if it is no longer
manufactured or if a replacement or repair is no longer reasonably available in the commercial
marketplace.” - “Literary works distributed in ebook format when all existing ebook editions of the
work (including digital text editions made available by authorized entities) contain access
controls that prevent the enabling either of the book’s read-aloud function or of screen readers
that render the text into a specialized format.”^801
The Exemptions of 2012. On Oct 26, 2012, the Librarian of Congress issued the fifth
determination of the classes of copyrighted works that should have an exemption, effective as of
Oct. 28, 2012.^802 The 2012 ruling broadened somewhat the approach of the 2010 ruling’s focus
on refining the description of a class of works by reference to the type of user who may take
advantage of the exemption or by reference to the type of use of the work that may be made
pursuant to the exemption. For example, the Copyright Office noted in its recommendation to
the Librarian of Congress the following: “While beginning with a category of works identified
in Section 102, or a subcategory thereof, the description of the ‘particular class’ ordinarily will
be refined with reference to other factors so that the scope of the class is proportionate to the
scope of harm to noninfringing uses. For example, a class might be refined in part by reference
to the medium on which the works are distributed, or to the access control measures applied to
the works. The description of a class of works may also be refined, in appropriate cases, by
reference to the type of user who may take advantage of the exemption or the type of use that
may be made pursuant to the designation.”^803
Notably, the Librarian omitted from the exempted classes one of the broad classes that
had been granted an exemption in 2010 pertaining to computer programs for “unlocking”
wireless handsets to function with alternative wireless networks. Instead, the Librarian granted a
much more limited exemption that applied only to handsets acquired within 90 days after the
(^801) 75 Fed. Reg. at 43849.
(^802) 77 Fed. Reg. 65260 (Oct. 26, 2012).
(^803) Id. at 65261.