RE: Re: Question regarding applicability of UK's EUCD toebook format convertor for use by the visually impaired

The ADA doesn't apply to the publication of protected material; it applies to discrimination in employment. The copyright act does contain a provision that permits the use of materials for VIPs, and the libraries argued for a regulatory exemption for acts of circumvention designed to further that particular use. That exemption, if promulgated, should be published by the end of the month.

Cheers
Chris

-----Original Message-----
From: CNI-COPYRIGHT -- Copyright & Intellectual Property [mailto:CNI-COPYRIGHT[_at_]cni.org] On Behalf Of Edward Barrow Sent: Monday, October 20, 2003 2:55 PM
To: CNI-COPYRIGHT -- Copyright & Intellectual Property Subject: [CNI-(C)] Re: Question regarding applicability of UK's EUCD toebook format convertor for use by the visually impaired

On Mon, 2003-10-20 at 16:25, Jeremy Smith wrote:
> This is my first post and I've tried my best to make it palatable.
>
> There is a program called Convert Lit, which bypasses the Digital
> Rights Management 5 software developed by Microsoft, for Fair Use
> purposes. The program is being distributed from the UK because it is
> illegal in the USA under the DMCA (it decrypts the ebooks).
>
> The UK's EUCD is going to come into enforcement on the 31st of October
> 2003. It will most likely make Convert Lit illegal for distribution
> from the UK.
>
> However, there is a use for the program above either fair use or even
> piracy. This statute (1st paragraph) from:

Two new pieces of legislation come into force in the UK at the end of this month. First, the UK will (almost a year late) implement the EU's Directive on copyright and related rights in the information society; secondly, the Copyright (Visually-Impaired Persons) Act 2002 will come into force. This is the statute to which Jeremy refers.

The provisions implementing the DRM-protecting aspects of the copyright Directive contain, at new section 296ZE of the Copyright Designs and Patents Act as amended by the new regulations, a procedure to be followed if DRM technology prevents someone doing an act which would otherwise be permitted (such as a fair dealing with the work, or the making of an accessible copy - there is no such thing as fair use in the UK); this involves making a complaint to the Government, which must then do certain things to encourage a voluntary arrangement - in default of which, the Government can order the copyright owner to make the work available to the person entitled to benefit from the permitted act.

Thus, assuming that Microsoft's DRM technology is classed as an effective technological measure; and that Convert Lit breaks it, its distribution would (in my opinion, which may well be wrong) be unlawful under the new regulations, even if it were only to be used to make accessible copies for VIPs. If they can't read the e-book, they should complain under S.296ZE; I have no doubt that if such circumstances arise, the Royal National Institute of the Blind (RNIB) would be willing to co-ordinate the complaint.

The real villain (as usual, some would say) is Microsoft. Some years ago I attended a presentation at which Microsoft representatives demonstrated Microsoft Reader. The question of accessibility was asked from the audience, and the Microsoft representatives assured us that upcoming versions of MS-Reader would incorporate speech-synthesis and Braille-reader output of protected content, as well as customisable screen display. Theoretically, the great attraction of ebooks is that they are a universally-accessible format. It is apparent from http://www.microsoft.com/reader/info/tts.asp that its speech-synthesis add-on does not work with level-5 ("owner-exclusive") DRM. If any content is published exclusively as a level-5 protected ebook (that is, without any corresponding paper edition), then it seems to me that new section 296ZE comes into play, as well as possibly the Disability Discrimination Act. If there is a paper edition of the same work, then it is lawful to scan into a Kurzweil or similar machine, or indeed for a not-for-profit organisation to make an accessible digital edition for VIPs.

I would be interested to know from those readers of this list based in the USA what remedies a VIP might have in the USA either under DMCA or the Americans with Disabilities legislation.

-- 
Edward Barrow
Copyright Consultant
http://www.copyweb.co.uk/
***Important: see http://www.copyweb.co.uk/email.htm for information on the
legal status of this email***


#############################################################
This message is sent to you because you are subscribed to
  the mailing list <CNI-COPYRIGHT[_at_]cni.org>.
To unsubscribe, E-mail to: <CNI-COPYRIGHT-off[_at_]cni.org>
To switch to the DIGEST mode, E-mail to <CNI-COPYRIGHT-digest[_at_]cni.org> To
switch to the INDEX mode, E-mail to <CNI-COPYRIGHT-index[_at_]cni.org> To
postpone your subscription, E-mail to <CNI-COPYRIGHT-null[_at_]cni.org> Send
administrative queries to  <CNI-COPYRIGHT-request[_at_]cni.org>

Visit the CNI-COPYRIGHT e-mail list archive at
<https://mail2.cni.org/Lists/CNI-COPYRIGHT/>.