Before the U.S. COPYRIGHT OFFICE LIBRARY OF CONGRESS In the matter of exemption to prohibition on circumvention of copyright protection systems for access control technologies Docket No. RM 2008-08 Comments of the Electronic Frontier Foundation in Support of Proposed Classes 5A, 5D, 11A and of The Wireless Alliance, ReCellular and FlipSwap in Support of Proposed Class 5D Submitted by: Fred von Lohmann Jennifer S. Granick Electronic Frontier Foundation 454 Shotwell St. San Francisco, CA 94110 (415) 436-9333 (415) 436-9993 (fax)
[email protected] Pursuant to the Notice of Inquiry of Exemption to Prohibition on Circumvention of Copyright Protection Systems for Access Control Technologies1 (“NOI”), the Electronic Frontier Foundation (EFF) submits these reply comments on behalf of itself and, with respect to the portion of this reply comment discussing Proposed Class 5D, on behalf of The Wireless Alliance, ReCellular and FlipSwap, the original applicants for Class 5D. These reply comments provide additional legal and factual support for each of the following proposed classes of works for which an exemption has been sought: Proposed Class 5A: Computer programs that enable wireless telephone handsets to execute lawfully obtained software applications, where circumvention is accomplished for the sole purpose of enabling interoperability of such applications with computer programs on the telephone handset. Proposed Class 5D: Computer programs in the form of firmware that enable wireless telephone handsets to connect to a wireless telephone communication network, when 1 73 Fed. Reg. 58083 (Oct. 6, 2008). circumvention is accomplished for the sole purpose of lawfully connecting to a wireless telephone communication network, regardless of commercial motive.