DMCA Rulemaking

The Digital Millennium Copyright Act prohibits "circumventing" digital rights management (DRM) and "other technical protection measures" used to protect copyrighted works. While this ban was meant to deter copyright infringement, many have misused the law to chill competition, free speech, and fair use. Every three years, the U.S. Copyright Office convenes a rulemaking to consider granting exemptions to the DMCA's ban on circumvention to mitigate the harms the law has caused to legitimate, non-infringing uses of copyrighted materials.

In 2003, EFF filed for four exemptions, all seeking to allow consumers to repair DRM-crippled CDs and DVDs. All four exemptions were denied.

In 2006, EFF did not file any DMCA exemption requests. Instead, we explained why the rulemaking process is fundamentally broken.

In 2009, EFF is seeking three exemptions: One to allow video remixing, and two to allow cell phone unlocking.