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EFF to the FTC: DMCA Section 1201 Creates Anti-Competitive Regulatory Barriers
As part of multi-pronged effort towards deregulation, the Federal Trade Commission has asked the public to identify any and all “anti-competitive” regulations. Working with our friends at Authors Alliance, EFF answered, calling attention to a set of anti-competitive regulations that many don’t...
Working with our friends at Authors Alliance, EFF answered, calling attention to a set of anti-competitive regulations that many don’t recognize as such: the triennial exemptions to Section 1201 of the Digital Millennium Copyright Act, and the cumbersome process on which they depend. But we hope its investigation and any resulting report on anti-competitive regulations will recognize the negative effects of Section 1201 and that the triennial rulemaking process has failed to be the check Congress intended. At a minimum, the FTC should advocate for fundamental revisions to the Library of Congress’s next triennial rulemaking process, set for 2026, so that copyright law can once again fulfill its purpose: to support—rather than thwart—competitive and independent innovation.
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