Nitpick: that exemption is from 2010. The DMCA mandates an exemption be granted every three years for something. Meaning: in 2013, that exemption was gone unless it was exempted again. And again in 2016. And again in 2019. And so on. The DMCA does not include an “exempt once, exempt forever” clause, sadly.
Thankfully, we’ve had the EFF to campaign for exemptions, but it’s frustrating having to go through the whole ordeal every three years because Congress can’t be arsed to fix it.
17 U.S. Code §1201(a)(1)(C)[0]:
> (C) During the 2-year period described in subparagraph (A), and during each succeeding 3-year period, the Librarian of Congress, upon the recommendation of the Register of Copyrights, who shall consult with the Assistant Secretary for Communications and Information of the Department of Commerce and report and comment on his or her views in making such recommendation, shall make the determination in a rulemaking proceeding for purposes of subparagraph (B) of whether persons who are users of a copyrighted work are, or are likely to be in the succeeding 3-year period, adversely affected by the prohibition under subparagraph (A) in their ability to make noninfringing uses under this title of a particular class of copyrighted works. In conducting such rulemaking, the Librarian shall examine—
(followed by a list of things the Librarian will consider)
Thankfully, we’ve had the EFF to campaign for exemptions, but it’s frustrating having to go through the whole ordeal every three years because Congress can’t be arsed to fix it.
17 U.S. Code §1201(a)(1)(C)[0]:
> (C) During the 2-year period described in subparagraph (A), and during each succeeding 3-year period, the Librarian of Congress, upon the recommendation of the Register of Copyrights, who shall consult with the Assistant Secretary for Communications and Information of the Department of Commerce and report and comment on his or her views in making such recommendation, shall make the determination in a rulemaking proceeding for purposes of subparagraph (B) of whether persons who are users of a copyrighted work are, or are likely to be in the succeeding 3-year period, adversely affected by the prohibition under subparagraph (A) in their ability to make noninfringing uses under this title of a particular class of copyrighted works. In conducting such rulemaking, the Librarian shall examine—
(followed by a list of things the Librarian will consider)
[0]: https://www.law.cornell.edu/uscode/text/17/1201