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. 2014-07 Comments of the Electronic Frontier Foundation 1. Commenter Information Electronic Frontier Foundation Kendra Albert Mitch Stoltz (203) 424-0382 Corynne McSherry
[email protected] Kit Walsh 815 Eddy St San Francisco, CA 94109 (415) 436-9333
[email protected] The Electronic Frontier Foundation (EFF) is a member-supported, nonprofit public interest organization devoted to maintaining the traditional balance that copyright law strikes between the interests of copyright owners and the interests of the public. Founded in 1990, EFF represents over 25,000 dues-paying members, including consumers, hobbyists, artists, writers, computer programmers, entrepreneurs, students, teachers, and researchers, who are united in their reliance on a balanced copyright system that ensures adequate incentives for creative work while facilitating innovation and broad access to information in the digital age. In filing these comments, EFF represents the interests of gaming communities, archivists, and researchers who seek to preserve the functionality of video games abandoned by their manufacturer. 2. Proposed Class Addressed Proposed Class 23: Abandoned Software—video games requiring server communication Literary works in the form of computer programs, where circumvention is undertaken for the purpose of restoring access to single-player or multiplayer video gaming on consoles, personal computers or personal handheld gaming devices when the developer and its agents have ceased to support such gaming. We ask the Librarian to grant an exemption to the ban on circumventing access controls applied to copyrighted works, 17 U.S.C.