9:00 AM
Proposed Class to be discussed:

4A. Commercially produced and distributed DVDs used in face-to-face classroom teaching by college and university faculty, regardless of discipline or subject taught, including teachers in K-12 classrooms.

Panelists:       
Gary Handman, UC Berkeley
Mark Kaiser, UC Berkeley
Abigail De Kosnik, UC Berkeley
Steve Metalitz, Joint Commenters

11:00 a.m.
Proposed Class to be discussed:

11A. Audiovisual works released on DVD, where circumvention is undertaken solely for the purpose of extracting clips for inclusion in noncommercial videos that do not infringe copyright.

Panelists:
Steve Metalitz, Joint Commenters
Fred von Lohmann, Electronic Frontier Foundation

12:30  lunch

1:45 p.m.
Proposed Classes to be discussed:

5B. Computer programs that operate wireless telecommunications handsets when circumvention is accomplished for the sole purpose of enabling wireless telephones to connect to a wireless telephone communication network.

5C. Computer programs in the form of firmware or software that enable mobile communication handsets to connect to a wireless communication network, when circumvention is accomplished for the sole purpose of lawfully connecting to a wireless communication network.

5D. Computer programs in the form of firmware that enable wireless telephone handsets to connect to a wireless telephone communication network, when circumvention is accomplished for the sole purpose of lawfully connecting to a wireless telephone communication network, regardless of commercial motive.

Panelists:
Christian Buerger, Virgin Mobile USA, L.P.
Jennifer Granick, Electronic Frontier Foundation
Peter Lurie, Virgin Mobile USA, L.P.
Steve Metalitz, Joint Commenters

3:15  Break

3:45
Proposed Classes to be discussed:

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.

Panelists:
Charles Carreon
David Hayes, Fenwick & West LLP
Greg Joswiak, Apple, Inc.
Steve Metalitz, Joint Commenters
Fred von Lohmann, Electronic Frontier Foundation

 

Washington, DC

Wednesday May 6, 2009
Audio of Hearing

10:00 AM
Proposed Classes to be discussed:

10A. Lawfully purchased sound recordings, audiovisual works, and software programs distributed commercially in  digital format by online music and media stores and protected by technological measures that depend on the continued availability of authenticating servers, when such authenticating servers cease functioning because the store fails or for other reasons.

10B. Lawfully purchased sound recordings, audiovisual works, and software programs distributed commercially in digital format by online music and media stores and protected by technological measures that depend on the continued availability of authenticating servers prior to the failure of [authenticating] servers for technologists and researchers studying and documenting how the authenticating servers that effectuate the technological measures function.

Panelists:       
Sandra Aistars, Time Warner Inc.
Christopher Soghoian, Berkman Center for Internet & Society
Steve Metalitz, Joint Commenters

1:00 p.m.
Proposed Classes to be discussed:

4A. Commercially produced DVDs used in face–to–face classroom teaching by college and university faculty, regardless of discipline or subject taught, as well as by teachers in K–12 classrooms.

4B. Audiovisual works used by instructors at accredited colleges or universities to create compilations of short portions of motion pictures for use in the course of face–to–face teaching activities.

4C. Audiovisual works that illustrate and/or relate to contemporary social issues used for the purpose of teaching the process of accessing, analyzing, evaluating, and communicating messages in different forms of media.

4D.  Audiovisual works that illustrate and/or relate to contemporary social issues used for the purpose of studying the process of accessing, analyzing, evaluating and communicating messages in different forms of media, and that are of particular relevance to a specific educational assignment, when such uses are made with the prior approval of the instructor.

4E. Audiovisual works contained in a college or university library, when circumvention is accomplished for the purpose of making compilations of portions of those works for educational use in the classroom by media studies or film professors.

4F. Audiovisual works contained in a college or university library, when circumvention is accomplished for the purpose of making compilations of portions of those works for coursework by media studies or film students.

4G. Audiovisual works included in a library of a college or university, when circumvention is accomplished for the purpose of making compilations of portions of those works for educational use in the classroom by professors.

4H. All audiovisual works and sound recordings ‘used in face–to–face classroom teaching by college and university faculty, regardless of discipline or subject taught’ and regardless of the source of the legally acquired item.

Panelists:
Sandra Aistars, Time Warner Inc.
Fritz Attaway, Motion Picture Association of America
Jonathan Band, American Library Association and Association of Research Libraries
Jeff Clark, Consortium of College and University Media Centers
Peter DeCherney, University of Pennsylvania
Renee Hobbs, Temple University
Carleton Jackson, University of Maryland Film & Film Studies Initiative
Steve Metalitz, Joint Commenters
Martine Courant Rife
Roger Skalbeck, American Association of Law Libraries, Medical Library Association, and Special Libraries Association
Bruce Turnbull, DVD Copy Control Association, Inc.

 

Washington, DC

Thursday May 7, 2009
Audio of Hearing

10:00 AM
Proposed Classes to be discussed:

11A. Audiovisual works released on DVD, where circumvention is undertaken solely for the purpose of extracting clips for inclusion in noncommercial videos that do not infringe copyright.

11B. Motion pictures and other audiovisual works in the form of Digital Versatile Discs (DVDs) that are  not generally available commercially to the public in a DVD form not protected by Content Scramble System technology when a documentary filmmaker, who is a member of an organization of filmmakers, or is enrolled in a film program or film production course at a post–secondary educational institution, is accessing material for use in a specific documentary film for which substantial production has  commenced, where the material is in the public domain or will be used in compliance with the doctrine of fair use as defined by federal case law and 17 U.S.C. § 107.

Panelists:       
Francesca Coppa, Muhlenberg College and Organization for Transformative Works
Peter Decherney, University of Pennsylvania
Steve Metalitz, Joint Commenters
Jim Morrissette, Kartemquim Educational Films, Inc.
Gordon Quinn, Kartemquin Educational Films, Inc.
Martine Courant Rife
Tisha Turk, University of Minnesota-Morris
Bruce Turnbull, DVD Copy Control Association, Inc.
Rebecca Tushnet, Organization for Transformative Works

2:30 p.m.
Proposed Classes to be discussed:

8A. Literary works, sound recordings, and audiovisual works accessible on personal computers and protected by technological protection measures that control access to lawfully obtained works and create or exploit security flaws or vulnerabilities that compromise the security of personal computers, when circumvention is accomplished solely for the purpose of good faith testing, investigating, or correcting such security flaws or vulnerabilities.

8B. Video games accessible on personal computers and protected by technological protection measures  that control access to lawfully obtained works and create or exploit security flaws or vulnerabilities that compromise the security of personal computers, when circumvention is accomplished solely for the purpose of good faith testing, investigating, or correcting such security flaws or vulnerabilities.

Panelists:
J. Alex Halderman, University of Michigan
Blake Reid and Harry Surden, Samuelson-Glushko Technology Law & Policy Clinic
Steve Metalitz, Joint Commenters

 

Washington, DC

Friday May 8, 2009

10:00 AM
Proposed Class to be discussed:

Literary works [distributed in ebook format when all existing ebook editions of the work (including  digital text editions made available by authorized entities) contain access controls that prevent the enabling either of the book’s read–aloud function or of screen readers that render the text into a specialized format]

Panelists:       
Mark Richert, American Foundation for the Blind

11:00 a.m.
Proposed Class to be discussed:

6. Computer programs protected by dongles that prevent access due to malfunction or damage or hardware or software incompatibilities or require obsolete systems or obsolete hardware as a condition of access.

Panelists:
Steve Metalitz, Joint Commenters
Joseph Montoro, Spectrum Software, Inc.

1:00 p.m
Proposed Classes to be discussed:

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.’’

5B. Computer programs that operate wireless telecommunications handsets when circumvention is accomplished for the sole purpose of enabling wireless telephones to connect to a wireless telephone communication network.

5C. Computer programs in the form of firmware or software that enable mobile communication handsets to connect to a wireless communication network, when circumvention is accomplished for the sole purpose of lawfully connecting to a wireless communication network.

5D. Computer programs in the form of firmware that enable wireless telephone handsets to connect to a wireless telephone communication network, when circumvention is accomplished for the sole purpose of lawfully connecting to a wireless telephone communication network, regardless of commercial motive.

Panelists:
Arlo Gilbert, iCall, Inc.
Darin Inglish, Cricket Communications, Inc.
Bruce Joseph, The Wireless Association
Steve Metalitz, Joint Commenters

3:30 p.m.
Proposed Class to be discussed:

2. Subscription based services that offer DRM–protected streaming video where the provider has only made available players for a limited number of platforms, effectively creating an access control that requires a specific operating system version and/or set of hardware to view purchased material.

Panelists:       
Megan Carney
Steve Metalitz, Joint Commenters