With regard to this particular exemption, we believe College and university faculty and students have the right to use free software and the right to control their own computing, and so they must be able to circumvent access controls on lawfully made and acquired motion pictures and other audiovisual works for purposes of criticism and comment. The scope of this exemption should be broadened in the following ways: The exemption should apply to any member of a particular College or University community, and not limited to faculty, staff, or enrolled students. The exemption should to extend to all formats of digital media with access restrictions, including "streaming" digital media and DVD-like technologies such as Blue-Ray.

With regard to this particular exemption, we believe students, faculty, staff and community members of K-12 educational institutions have the right to use free software and the right to control their own computing, and so they must be able to circumvent access controls on lawfully made and acquired motion pictures and other audiovisual works for purposes of criticism and comment. The scope of this exemption should be broadened in the following ways: The exemption should apply to any member of a particular K-12 educational institution's community, and not limited to faculty, staff, or enrolled students. The exemption should extend to all formats of digital media with access restrictions, including "streaming" digital media and DVD-like technologies such as Blue-Ray.

With regard to this particular exemption, we members of educational institutions and organizations have the right to use free software and the right to control their own computing, and so they must be able to circumvent access controls on lawfully made and acquired motion pictures and other audiovisual works for purposes of criticism and comment. The scope of this exemption should be broadened in the following ways: The exemption should apply to any member of an educational institution or organization that uses online learning tools or systems such as those used to facilitate MOOCs. The exemption should to extend to all formats of digital media with access restrictions, including "streaming" digital media and DVD-like technologies such as Blue-Ray.

In order to use free software in museums, libraries, and nonprofits it is often the case that one must be able to move materials from one digital format to another. Otherwise, a user could be locked into using proprietary software to interact with media encoded in some file format. As such, it is vital that all individuals using works for educational purposes are able to circumvent access controls on lawfully made and acquired motion pictures and other audiovisual works for purposes of criticism and comment. The scope of this exception should be general-purpose use targeted toward all educational uses. The scope needs to extend to all formats of media, including "streaming" digital media in order to remain relevant to media distributed over the next three years.

Creators of Multimedia E-books have fair use rights in copyright audiovisual works. The application of the right to fair use, however, is impeded by access control restrictions which prevent the creators of Multimedia E-Books from taking clips and still images from other audiovisual works. The exception should extend to all Multimedia E-Books, not merely ones made for film criticism. While the purpose of a particular use is a factor in determining whether it is fair use, it is not the only factor. The exemption should not be so narrow as to be a backdoor attack on well established fair use rights.

Fair use does not only apply to non-commercial uses, although that can be a factor in the analysis of whether a particular use falls within the bounds of fair use. The exemption should permit users to circumvent access control restrictions for filmmaking purposes that do not infringe copyright, regardless of whether they are intended for commercial use. Further, the exemption should extend to all filmmaking uses, including fictional films, not merely documentaries. The extent of the usage should be based on principles of fair use.

Fair use does not only apply to non-commercial uses. although that can be a factor in the analysis of whether a particular use falls within the bounds of fair use. The exemption should permit users to circumvent access control restrictions in order to create remixed works that do not infringe copyright, regardless of whether they are intended for commercial use. The exemption should extend to all audiovisual works, not merely "motion pictures".

Users should be able to playback or edit audiovisual works in a free format. Restricting audiovisual works to certain formats prevents users from using free software of their choice.

Access control measures on literary works should not interfere with the right of print disabled users to be able to enjoy the work in a free format they are able to use. Print disabled users should be permitted to circumvent access control measures, or have another circumvent these measures on their behalf, for any literary work they legally acquire, so that the work can be transferred into a useable free format. Print disabled users should not have their right to use free software assistive tools restricted by access controls that prevent them from reading works in a free and useable format.

Users should be able to view or edit literary works in a free format. Restricting literary works to particular formats prevents users from using free software of their choice.

Users should be allowed to unlock Wireless Telephone Handsets, or to have another unlock their device for them, so that they may switch network providers. Congress was forced to reinstate the right to unlock Wireless Telephone Handsets with the Unlocking Act. Being able to switch network providers ensures that users have control over their data. Threatening users with criminal penalties for unlocking their device, or attacking others who provide an unlocking service, is nothing more than a hand out to network operators.

All-Purpose Tablet Computers are mobile network connected general purpose computers that are neither Wireless Telephone Handsets or Wearable Computer Devices. Users should be allowed to unlock Tablet Computers, or to have another unlock their device for them, so that they may switch network providers. Tablet computers largely require network connectivity in order to have any utility, and this network connectivity increasingly comes from network providers. While users may be able to use their device on a home wireless internet connection, these devices are mobile in nature necessitating use of a wireless network provider. As is the case with Wireless Telephone Handsets, threatening users with criminal penalties for unlocking their tablet, or attacking others who provide an unlocking service, is nothing more than a hand out to network operators.

Users should be allowed to unlock any Mobile Connectivity Device, or to have another unlock their device for them, so that they may switch network providers. Mobile Connectivity Devices enable users access to the internet. In order to ensure that users have full control over their ability to connect and use the internet, they must be able to switch carriers via unlocking. As is the case with Wireless Telephone Handsets, threatening users with criminal penalties for unlocking their Mobile Connectivity Device, or attacking others who provide an unlocking service, is nothing more than a hand out to network operators.

Users should be allowed to unlock Wearable Computing Devices, or to have another unlock their device for them, so that they may switch network providers. Wearable computing is a growing sector that presents particular concerns when it comes to the privacy of the user. Many such devices offer medical monitoring applications, which presents risks that network providers could be improperly collecting or using such data. The ability to unlock a device so as to switch network providers offers a substantial check on the power of network providers to interfere or collect private user data generated by Wearable Computing Devices.

Users should be allowed to unlock consumer machines, or to have another unlock their device for them, so that they may switch network providers. As is the case with Wireless Telephone Handsets, threatening users with criminal penalties for unlocking their consumer machines, or attacking others who provide an unlocking service, is nothing more than a hand out to network operators.

Users should be allowed to install their own operating system on their Wireless Telephone Handsets, such as the free mobile operating system Replicant. Users should further be able to install alternative software repositories such as F-droid, to enable installing free software applications of their choice. Being able to remove unwanted or malicious software, particularly software that includes location tracking or other monitoring software, is essential for users to be able to control their own computing. For many lower income users, a mobile phone may be the only general computing device that they own.

Users should have control over any mobile computing device that they own; to be able to install their own software on it, and to remove malicious software from it. Since the last round of exemption proposals, tablet and other non telephone handset mobile computing has exploded in usage. Being able to remove unwanted or malicious software, particularly software that includes location tracking or other monitoring software, is essential for users to be able to control their own computing. For many lower income users, an All-Purpose Mobile Computing Device may be the only general computing device that they own.

Dedicated E-Book Readers should be under the control of the user. Instances of manufacturers tampering with the documents on users' devices, such as when Amazon Inc. removed copies of George Orwell's 1984 from Kindle devices, strongly warrant that users be able to install, modify or remove software from their E-Book readers. Like other mobile computing devices, the trend for E-book readers is one of more fully featured devices more resembling a general purpose computer than a single function appliance.

Video game consoles fully-fledged computers capable of running alternative operating systems and user-installed software. The Sony Playstation 3 was initially marketed with a feature enabling users to install an alternative operating system, such as GNU/Linux. Sony later removed this feature via a forced update. Users who then attempted to re-implement the ability to install free software on the Playstation 3 were met with lawsuits and criminal sanction leading to global protests and boycotts of Sony since 2011. Users should be allowed to modify the free software that comes on their machines as well as free to install software of their choice.

Part of the success of the free software movement is that computer embedded televisions ("smart TVs") often come preinstalled with a wide variety of free software. While the license on this software grants users the right to modify, share, and install modified versions of the software on their device, smart TV manufacturers often implement access control restrictions that interfere with the user's rights to the software. Users should be able to install modified versions of the free software they receive with a smart TV, as well as being able to install their own or other software on their device. In addition, as such smart TVs become more fully featured, including things like voice commands, the risk of users' private data being improperly collected grows. Smart TVs capable of recording audio and possibly video of users in their own homes brings the greatest risk of intrusion, and as such users must be able to remove software that enables such functionality completely.

One of the successes of the free software movement is that vehicles often come with free software installed. While the license on this software grants users the right to modify, share, and install modified versions of the software on their device, vehicle manufacturers often implement access control restrictions that interfere with the user's rights to the software. Vehicle owners and researchers should be able to install modified versions of the free software they receive with a vehicle, as well as being able to install their own or other software on their vehicle in order to improve safety and performance.

One of the successes of the free software movement is that vehicles often come with free software installed. While the license on this software grants users the right to modify, share, and install modified versions of the software on their device, vehicle manufacturers often implement access control restrictions that interfere with the user's rights to the software. Vehicle owners and researchers should be able to install modified versions of the free software they receive with a vehicle, as well as being able to install their own or other software on their vehicle in order to improve safety and performance.

Remote attestation on software is one of the most abusive practices when it comes to digital restrictions management. Users of legally acquired video games can be locked out from their use should the servers be temporarily overloaded or unavailable. While many users may tolerate being temporarily deprived software, the reality is that Video Games Requiring Server Communication generally lead to a situation where those users are permanently blocked from accessing their software. The exemption should permit users to circumvent these access control restrictions and re-enable the software they legally acquired, regardless of whether the video game software retains some functionality.

Computer users who have in their possessions the Ensoniq PARIS hardware or software system should be able to circumvent PACE access controls in order to be able to make use of the data and media on these systems they are otherwise lawfully entitled to access.

While users of free software are able to study, test and modify their code in source format, users of proprietary software are left at a disadvantage. They are further disadvantaged where that proprietary software comes with access control restrictions that prevent them from having any access to the inner workings of the software at all. This is especially harmful where there are concerns about the security and safety of the software. Users should be able to circumvent access control restrictions in order to study, test and improve the security of the software they legally acquire.

Proposed Class 26

Software - 3D Printers

3D printing technology makes use of additive processes in which successive layers of material are laid down under computer control. 3D printers are able to handle a wide variety of materials. Popular consumer 3D printers often use plastics. However, scientists and researchers also make use of 3D printers to do "bioprinting," which make print layers of cell patterns to form a 3D printed construct in which the cell function and viability remain preserved. Access control mechanisms should not be used to restrict how a person makes use of such machinery or what materials can be fed into them. If such access controls are used in such technology, circumvention of such access controls is essential for a user to be able to make use of and control one's machine.

Networked Medical Devices pose a particular problem for their users. In the case of implanted devices such as pacemakers, remote access to the device by unauthorized parties creates a genuine risk to health of the patient. Ensuring the security of the device requires that users be allowed to circumvent technical "protection" measures, or to have these measures circumvented for them at their discretion. In addition, enabling researchers to circumvent these measures in order to study and verify the security and effectiveness of the devices provides additional protection to these users.