Terms and Conditions of Use

By using or browsing this Rxharun site you signify your assent or consent ( eagerly in your cool brain, not influenced by others, mistakenly, or under the age of 14 years) that you agree with all terms and conditions of use. If you don’t agree with all the terms and conditions of use, please, please, please don’t use this rxharun.com site. After opening this site in any browser such as Google, Bing, Mozilla Firefox, Opera Mini, Safari, Internet Explorer, Microsoft Edge, or any kind of Android app, or social media you can not demand any kind of information, even a single line of information, titles, news, posts, pages, internal development, coding, programming, designing, plugins, content image, feature image, internal link, external link, backlinks, content information is your own property, just like similar properties of your’s own website properties, although co-incidentally similar information, even though you have no right to criticism about rxharun.com website. If you do this we will assume that you are violating the first policies of our Rx Foundation company and Rxharun website user “fair use rules and law”.

All the contents of the site, such as text, graphics, images, animation, apps, entire contents, features, and functionality (including but not limited to all web pages, user interfaces, information, design, software, source code, text, displays, graphics, images, videos, and audio recordings, and the design, selection, and arrangement thereof) are owned, controlled, or licensed by Rx Foundation, and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws obtained from rxharun.com is our licensor’s intellectual properties under the copyrights acts of nationally or internationally to The Digital Millennium Copyright Act (DMCA) of 1998 to 2022 in United States copyright law that implements two 1996 treaties of the World Intellectual Property Organization (WIPO) intellectual properties and other material contained on the website, apps, newsletter, and product content is for informational purposes only. Content and services are not intended to be a substitute for professional medical advice, diagnosis, or treatment. Always seek the advice of your physician or another qualified health provider with any questions you may have regarding a medical condition.

Except as expressly provided in these Terms of Use, you may not copy, display, distribute, transmit, transfer, reproduce, license, frame, alter, create derivative works of, reverse engineer, or republish all or any portion of the Site for any commercial or public purpose without Rx Foundation’s prior written consent or agreement. Your use of the services, including the site, imposes on you an obligation of appropriate use and conduct, which includes, but is not limited to, not causing an unreasonable or disproportionately large processing load on our services or systems, not engaging in any conduct that restricts or inhibits the use of the services by others, and not introducing or transmitting any virus, worm, Trojan horse or other material that may harm or disrupt our services or systems. Unauthorized use of the Services, misuse of passwords, or misuse of any information or material posted on this site is strictly prohibited.

It criminalizes the production and dissemination of technology, devices, or services intended to circumvent measures that control access to copyrighted works (commonly known as digital rights management or DRM). It also criminalizes the act of circumventing access control, whether or not there is an actual infringement of copyright itself. In addition, the DMCA heightens the penalties for copyright infringement on the Internet.[rx][rx] Passed on October 12, 1998, by a unanimous vote in the United States Senate and signed into law by President Bill Clinton on October 28, 1998, the DMCA amended Title 17 of the United States Code to extend the reach of copyright, while limiting the liability of the providers of online services for copyright infringement by their users.

Personal Use

You are granted a limited, personal, non-exclusive, non-commercial license to view, print, or download content, graphics, forms, or documents, and research from the site for use solely by you for your personal use. The site may not be used for any commercial purpose, commercial advantage, or private monetary compensation.

No page from this website may be copied, reproduced, republished, uploaded, posted, transmitted, fragmented, defragmented, commercialized, distributed in any way, or incorporated into any other website or electronic or mechanical information retrieval system, except that you may download one copy of the viewed materials on any single computer for your personal, non-commercial home use only (but not for resale or redistribution), provided. You keep intact all copyright and other proprietary notices. Modification of the materials or use of the materials for any other purpose is a violation of the content provider’s copyright and other proprietary rights. The use of any such material on any other website or networked computer environment is strongly prohibited. All rights, title, and interest in and to the materials on this site (including but not limited to all copyrights, trademarks, service marks, trade names, and all derivative works) are owned or controlled by and shall remain at all times vested in rxharun.com or it’s content providers.

Editing, Deleting, and Modification

We reserve the right in our sole discretion to edit or delete any documents, information, image, video, guest post, sponsored posts, backlinks, internal links, third parties external links, any kind of paid-back links, ads showing on this site, or other content appearing on the Rxharun site, at any time or any moment without notice to the user. Rxharun may, at any time, make any change to the Terms of Use without giving prior notice to Member if Company considers such change to be necessary. The changed Terms of Use shall become effective at the time when the Company posts or displays them in the Services or on the website operated by Company. If Member uses the Services after such change, such Member shall be deemed to have agreed to such changed Terms of Use.

Copyright and Trademarks

The content, organization logo, graphics, design, hidden coding, programming, plugin, compilation, magnetic translation, digital conversion, and other matters related to the site are protected under applicable only national or international copyright, trademark, and other proprietary (including but not limited to intellectual property rights rxharun.com and others marks are either trademarks or registered trademarks of rxharun.com, other product, company names, and content displayed on the site may be the trademarks or copyrights of their respective owners. Individual documents on this server may have different copyright conditions, and that will be noted in those documents. The copying, redistribution, use, or publication by you of any such matters or any part of the site, except as allowed by this agreement, is strictly prohibited. You do not acquire ownership rights to any content, document, or other materials viewed through the site. The posting of information or materials from third parties on the site by rxharun.com does not constitute a waiver of any rights in such information and materials.

Disclaimer and Limits

Information on this rxharun.com site may contain technical inaccuracies or typographical errors. Information may be changed or updated without notice. rxharun.com may also make improvements and/or changes in the products and/or services described in this website information at any moment, any time without noticing the user.

Copyright Disclaimer

We do not hold any copyright over the content, article, video, image, animation, footage, or research. All credit goes to the respective owner/creator, writers, moderator, editorial reviews member of the content, article, video, image, animation, footage, and research. If you have any conflicting issues with it, please feel free to contact us via e-mail or massage directly by mobile phone, SMS, whats apps, skype, viver, and any other print and electronic media. If you have any legal claim of any of this content, article, video, image, animation, footage, or research please show us the original documents that indicate you are the respective owner of any content, article, video, image, animation, footage, and research used in this rxharun.com website and its associate website, after justifying it we will happily remove it.

Copyright Infringement

If you believe in good faith that materials available on the Site infringe your copyright, you (or your agent) may send Rx Foundation a notice requesting us to remove the material or block access to it. If you believe in good faith that someone has wrongly filed a notice of copyright infringement against you, the Digital Millennium Copyright Act permits you to send Rx Foundation a counter-notice.

Links to Third Party Sites or Content

The Site may contain links to websites controlled or offered by third parties (non-affiliates of Rxharun). Rxharun hereby disclaims all liability for any other company’s website content, products, privacy policies, or security. In the event you choose to use the services available at a linked site, you agree to read and adhere to the policies and terms of use applicable to that site. In addition, any types of advertisements, advice, opinions, services, products, or recommendations provided by the linked site providers are those of the provider’s owner respectively, and not of Rxharun. Your participation in any linked site, including payment for and the delivery of goods or services, is based solely on the agreement, if any, between you and the linked site provider.

Fair Use Disclaimer

This rxharun.com website may use some copyrighted materials without the specific authorization of the owner but contents, articles, videos, images, animation, and research used here fall under the “Fair Use” as described in The Copyright Act 2000 Law No. 28 of the year 2000 with internationally under Chapter 6, Section 36 and Chapter 13 Section 72. According to that law, allowance is made for “fair use” for purposes such as criticism, comment, news reporting, teaching, scholarship, and research. Fair use is a use permitted by copyright statute that might otherwise be infringing.

Medical Disclaimers

This site is designed to offer you general health information for general educational purposes only. The health information furnished, written, and designed on this site and the interactive responses are not intended to be professional advice and are not intended to replace personal consultation with a qualified physician, pharmacist, or other healthcare professional. You must always seek the advice of a professional for questions related to a disease, disease symptoms, diagnosis, and appropriate therapeutic treatments. If you have or suspect that you have a medical problem or condition, please contact a qualified healthcare provider immediately near or in your country. You should never disregard medical advice or delay in seeking it because of something you have read on the rxharun.com site.

 

Methods of Notification to and Methods of Communication from Users

The company shall give notice to users by e-mail, posting it on the website, or any other method which the company considers to be appropriate. In the case of giving notice by e-mail, such notice shall be deemed to have reached users at the time when a company has sent such notice to such users. In the case of posting a notice on the website, such notice shall be deemed to have reached users at the time when such notice has been posted on such website. Users shall contact users in accordance with the methods designated by the company.

Membership Registration

Any person who desires to use the services shall register him/herself as a user in accordance with the methods designated by the company. A minor who desires to register him/herself as a user shall obtain prior approval from his/her legal representative. If a minor has registered him/herself as a user, such minor shall be deemed to have obtained prior approval of his/her legal representative.

User ID and Password

Users shall strictly manage his/her User ID and Password under his/her own responsibility. Company shall not be liable for any unauthorized use of such User ID or Password by third parties. Users shall not cause any third party to use, transfer, assign, lend, or lease to any third party, his/her User ID and Password. If the Services are used with a registered User ID and Password of users, such users shall be deemed to have used the Services him/herself. The effect of such use shall belong to such users. If users find that his/her User ID and Password are known or may be used by any third party, such users shall immediately notify Company of such fact and follow the instructions of the Company.

No Assignment

Users shall not assign, transfer, sell, lend, or lease to any third party, or cause any third party to succeed to, or license any third party to use or dispose of in other ways, his/her user’s Id, rights to use the Services based on his/her user’s Id, or his/her rights or obligations as users.

Change to Registration Information

Users shall immediately change his/her registration information if there is a change to his/her e-mail address or any other information registered with the company. The company shall not be liable for any disadvantage or damage incurred by users arising from such users’ failure to change his/her registration information.

Withdrawal from Membership

A member who desires to withdraw from the membership of the Services shall conduct necessary procedures by the methods designated by Company. Users shall lose his/her membership due to such withdrawal and may not use the services thereafter. The member may not restore his/her lost membership after completion of such withdrawal. If users have any pecuniary obligations or other obligations or debts to Company, such users shall not be released from such obligations or debts by reason of such withdrawal.

Payment

Users shall pay the price of any product which such users purchases in the Service by the methods designated by the Company. Users may make any payment for products or services by means of payment provided by credit card service providers or electronic money service providers designated by the company (hereinafter collectively called the “Payment Service Provider”). In the case of the preceding paragraph, users shall execute an agreement with the Payment Service Provider in accordance with the terms and conditions stipulated by such Payment Service Provider. If users have any dispute with the Payment Service Provider, such users shall resolve such dispute at his/her own expense and under his/her own responsibility. The company shall not be liable for such dispute resolution. A user may not, for any reason, request the company to reimburse or refund any amount already paid by such users to the company.

Prohibited Acts

The company prohibits users from performing any of the following acts in using the Services.
（1）Infringement of copyrights, trademark rights, design rights, patent rights, utility model rights, or any other intellectual property rights of the Company or any third party;
（2）Infringement of property rights, portrait rights, publicity rights, personal rights, honor rights, or privacy rights of the Company or any third party;
（3）Violation of applicable laws and regulations;
（4）Criminal acts, acts leading to criminal acts, or acts of promoting criminal acts;
（5）Violation of applicable laws and regulations regulating child pornography, pornography, or distribution of obscene materials;
（6）Posting of false information;
（7）Placement of excessive burden on servers of the company;
（8）Interference with the operation of the Services;
（9）Use of the Services for any purposes other than the original purpose of provision of the services;
（10）Deletion, avoidance, or disablement of technical protection means such as security measures or DRM for contents provided in the Services;
（11）Act of giving disadvantages to the company or any third party;
（12）Abuse, defamation, threat, or harassment against the company or any third party;
（13）Discrimination or acts of promoting discrimination against any third party;
（14）Collection and public disclosure of personal information or privacy information of any third party without prior approval of such third party;
（15）Prior campaign for election, election campaign, or acts similar to any of them or violation of the “Public Offices Election Act” of International law;
（16）Interference with the business operation of the company;
（17）Registration of false information in the services;
（18）Acts prohibited by the individual terms; or
（19）Any other acts which the company considers to be inappropriate.
2. Company may, at its own discretion, determine whether an act performed by users falls under any of the prohibited acts set forth in the preceding paragraph or not. The company shall not be liable to users for accountability for such a company’s determination.
3. If the company determines that an act performed by users falls under any of the prohibited acts set forth in a paragraph, the company may take all or any of the following measures without giving prior notice to such users.
（1）Restrictions on his/her use of the Services;
（2）Withdrawal from membership by termination of his/her membership registration; and/or
（3）Any other measures which the company considers to be necessary.
4． Company shall not be liable for any damage incurred by users arising from any measure set forth in the preceding paragraph.
5． Company may claim against users compensation for any and all damages, losses, expenses, and/or costs (including litigation expenses and attorney’s fees) incurred by the company arising from any breach of the Terms of Use made by such users.

Restrictions on the Use of Services

1. In any of the following cases, the company may restrict the use of the services by users.
（1）If the User ID and Password of users may be used by any third party;
（2）If the registration information of users may include any false information;
（3）If users delays or may delay any payment for the Services;
（4）If the company may not contact users; or
（5）If the company considers that such restrictions are necessary:
2. Company shall not be liable for any damages incurred by the users arising from the restrictions set forth in the preceding paragraph.

Termination by Company

If users fall under any of the following events, the company may terminate his/her membership registration and cause such users to withdraw from the membership of the services without giving notice to such users.
（1）If the registration information of users includes any false information;
（2）If users delay any payment for the services;
（3）If the credit standing of users worsens and users have difficulty in continuing to make any payment for the Services;
（4）If users were forced by the company to withdraw from membership of the services in the past;
（5）If a successor or similar person of users notifies the company of the death of such users, or if the company may confirm that the death of users is a fact;
（6）If the company considers that users fall under any anti-social forces (organized crime group, member or associate member of organized crime group, company related to organized crime group, corporate extortionist, social or political racketeer, special intelligence organized crime group, or any other group or person similar to any of them; hereinafter collectively called the “Anti-Social Forces”);
（7）If any petition for bankruptcy or civil rehabilitation is filed against users, or if users file such petition on his/her own;
（8）If users are subject to the judgment of legal guardianship, curatorship, or assistance;
（9）If users fail to sincerely respond to any request from the company; or
（10）Any other event which company considers to be inappropriate.
2． Company shall not be liable for any damages incurred by users arising from the termination set forth in the preceding paragraph.
3． Users who withdraw from the membership in accordance with the paragraph shall forfeit the benefit of time at the time of such withdrawal and shall immediately perform any and all obligations to the company.
4． The provisions set forth in paragraph through paragraph of the article shall apply mutatis mutandis to any withdrawal from the membership in accordance with this article.

Suspension of Provision of Services

 In any of the following events, the company may suspend the provision of the Services to users.
（1）If the company maintains or inspects the services;
（2）If any accident such as fire or power outage occurs;
（3）If any emergency situation such as a natural disaster occurs;
（4）If any system or network failure occurs;
（5）If any inevitable event due to operational reasons of the company occurs; or
（6）If the company considers that such suspension is necessary for other reasons.
2. Company shall not be liable for any damages incurred by the users arising from the unavailability of the services due to the suspension set forth in the preceding paragraph.
3. Notwithstanding the preceding two paragraphs, if the services are continuously unavailable for seventy-two (72) hours or more for reasons attributable to the company, shall compensate for actual damages incurred by users due to such unavailability in either of the following ways which the company determines at its own discretion. However, users shall claim compensation against the company within one (1) month from the occurrence of such damages. If users fail to claim compensation within such period of time, users shall lose the right of such claim.
（1）Reduction of the amount equivalent to the compensation for damages from the usage fees for such services to be paid by such users after such claim; or
（2）Grant of the right to use such services that is equivalent to the amount of such compensation.

 Digital Millennium Copyright Act (DMCA)

Title I: WIPO Copyright and Performances and Phonograms Treaties Implementation Act

DMCA Title I, the WIPO Copyright and Performances and Phonograms Treaties Implementation Act amends U.S. copyright law to comply with the WIPO Copyright Treaty and the WIPO Performances and Phonograms Treaty, adopted at the WIPO Diplomatic Conference in December 1996. The treaties have two major portions. One portion includes works covered by several treaties in U.S. copy-prevention laws and gave the title its name. For further analysis of this portion of the Act and of cases under it, see WIPO Copyright and Performances and Phonograms Treaties Implementation Act.

The second portion (17 U.S.C. 1201) is often known as the DMCA anti-circumvention provisions. These provisions changed the remedies for the circumvention of copy-prevention systems (also called “technical protection measures”). The section contains a number of specific limitations and exemptions, for such things as government research and reverse engineering in specified situations. Although section 1201(c) of the title stated that the section does not change the underlying substantive copyright infringement rights, remedies, or defenses, it did not make those defenses available in circumvention actions. The section does not include a fair use exemption from criminality nor a scienter requirement, so criminal liability could attach to even unintended circumvention for legitimate purposes.[rx]

Title II: Online Copyright Infringement Liability Limitation Act

DMCA Title II, the Online Copyright Infringement Liability Limitation Act (“OCILLA”), creates a safe harbor for online service providers (OSPs, including ISPs) against copyright infringement liability, provided they meet specific requirements.[rx] OSPs must adhere to and qualify for certain prescribed safe harbor guidelines and promptly block access to alleged infringing material (or remove such material from their systems) when they receive notification of an infringement claim from a copyright holder or the copyright holder’s agent (a “notice and takedown” process). OCILLA also includes a counternotification provision that offers OSPs a safe harbor from liability to their users when users claim that the material in question is not, in fact, infringing. OCILLA also facilitates issuing of subpoenas against OSPs to provide their users’ identity.

Title III: Computer Maintenance Competition Assurance Act

DMCA Title III modified section 117 of the copyright title so that those repairing computers could make certain temporary, limited copies while working on a computer. It reversed the precedent set in MAI Systems Corp. v. Peak Computer, Inc., 991 F.2d 511 (9th Cor. 1993).

Title IV: Miscellaneous Provisions

DMCA Title IV contains an assortment of provisions:

  • Clarified and added to the duties of the Copyright Office.
  • Added ephemeral copy for broadcasters provisions, including certain statutory licenses.
  • Added provisions to facilitate distance education.
  • Added provisions to assist libraries with keeping phonorecords of sound recordings.
  • Added provisions relating to collective bargaining and the transfer of movie rights.

Title V: Vessel Hull Design Protection Act

DMCA Title V added sections 1301 through 1332 to add a sui generis protection for boat hull designs. Boat hull designs were not considered covered under copyright law because boats are useful articles whose form cannot be separated from their function as determined by the Supreme Court case Bonito Boats, Inc. v. Thunder Craft Boats, Inc..[rx][rx][rx]

Anti-circumvention exemptions

The exemption rules are revised every three years. Exemption proposals are submitted by the public to the Registrar of Copyrights, and after a process of hearings and public comments, the final rule is recommended by the Registrar and issued by the Librarian. Exemptions expire after three years and must be resubmitted for the next rulemaking cycle.

Previous exemptions

The Copyright Office approved two exemptions in 2000, four in 2003, six each in 2006 and 2010, five in 2012, and nine in 2015.

2000 rulemaking

In 2000, the first rulemaking, the Office exempted:[rx]

  • “Compilations consisting of lists of websites blocked by filtering software applications” (renewed in 2003 but not renewed in 2006); and
  • “Literary works, including computer programs and databases, protected by access control mechanisms that fail to permit access because of malfunction, damage, or obsoleteness.” (revised and limited in 2003 and again in 2006).
2003 rulemaking

In 2003, the Office made the following rules:[rx]

  • The 2000 filtering exemption was revised and renewed.
  • The 2000 “literary works including computer programs” exemption was limited to “Computer programs protected by dongles that prevent access due to malfunction or damage and which are obsolete” and this exemption was renewed in both 2006 and 2010.
  • A new exemption was implemented for electronic books for which technological protection measures prevented the use of read-aloud software or screen readers. This exemption was renewed in 2006, 2010, 2012, and 2015.
  • A new exemption was made for “Computer programs and video games distributed in formats that have become obsolete and which require the original media or hardware as a condition of access.” This exemption was renewed in 2006 but not in 2010.
2006 rulemaking

In 2006, the Office made the following rules:[rx]

  • The 2003 exemption on obsolete computer programs and video games was renewed.
  • The 2003 exemption on computer programs protected by dongles was renewed.
  • The 2003 exemption on electronic books was renewed.
  • A new exemption was made for sound recordings allowed after security flaws were found in a copy protection system on some Sony CDs; this was not renewed in 2010.
  • A new exemption was implemented covering the audiovisual works included in the educational library of a college or university’s film or media studies department; this was not renewed in 2010.
  • A new exemption was implemented allowing circumvention to allow wireless telephone handsets to connect to wireless networks. This exemption was revised in 2010 to specify used handsets and require authorization from the wireless network operator. Another exemption for wireless handsets was introduced in 2010 specific to interoperability software on the phone itself.
2010 rulemaking

The rulemaking was scheduled to occur in 2009, but the final rule was not issued until the following year. The 2010 exemptions, issued in July 2010, are:[rx]

  • Motion pictures on DVDs that are lawfully made and acquired and that are protected by the Content Scrambling System when circumvention is accomplished solely in order to accomplish the incorporation of short portions of motion pictures into new works for the purpose of criticism or comment, and where the person engaging in circumvention believes and has reasonable grounds for believing that circumvention is necessary to fulfill the purpose of the use in the following instances:
    • Educational uses by college and university professors and by college and university film and media studies students;
    • Documentary filmmaking;
    • Obsolete software and video game formats.
    • Noncommercial videos. (A new exemption in 2010, similar to a previous educational exemption.)
  • Computer programs that enable wireless telephone handsets to execute software applications, where circumvention is accomplished for the sole purpose of enabling interoperability of such applications, when they have been lawfully obtained, with computer programs on the telephone handset. (A new exemption in 2010.)
  • Computer programs, in the form of firmware or software, that enable used wireless telephone handsets to connect to a wireless telecommunications network, when circumvention is initiated by the owner of the copy of the computer program solely in order to connect to a wireless telecommunications network and access to the network is authorized by the operator of the network. (Revised from a similar exemption approved in 2006.)
  • Video games accessible on personal computers and protected by technological protection measures that control access to lawfully obtained works, when circumvention is accomplished solely for the purpose of good faith testing for, investigating, or correcting security flaws or vulnerabilities, if:
    • The information derived from the security testing is used primarily to promote the security of the owner or operator of a computer, computer system, or computer network; and
    • The information derived from the security testing is used or maintained in a manner that does not facilitate copyright infringement or a violation of applicable law. (A new exemption in 2010.)
  • Computer programs are protected by dongles that prevent access due to malfunction or damage and which are obsolete. A dongle shall be considered obsolete if it is no longer manufactured or if a replacement or repair is no longer reasonably available in the commercial marketplace. (A renewed exemption from 2006, based on a similar exemption approved in 2003.)
  • Literary works are distributed in e-book format when all existing e-book 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. (A renewed exemption from 2006, based on a similar exemption approved in 2003.)
2012 rulemaking

The 2012 exemptions, issued in November 2012,[rx] are for:

  • Literary works, distributed electronically, are protected by technological measures that either prevent the enabling of read-aloud functionality or interfere with screen readers or other applications or assistive technologies
  • Computer programs that enable smartphones and portable all-purpose mobile computing devices 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 smartphone or device or to permit removal of software from the smartphone or device
  • Computer programs that enable certain types of wireless devices to connect to a wireless telecommunications network, when circumvention is undertaken solely in order to connect to a wireless telecommunications network and such connection is authorized by the operator of such network
  • Motion pictures (including television shows and videos), as defined in 17 U.S.C. 101, where circumvention is undertaken solely in order to make use of short portions of the motion pictures for the purpose of criticism or comment in limited instances
  • Motion pictures and other audiovisual works on DVDs that are protected by the Content Scrambling System, or that are distributed by an online service and protected by technological measures that control access to such works, where circumvention is related to developing captioning and descriptive audio technologies
2015 rulemaking

The 2015 exemptions, issued in October 2015,[rx] are for:

  • Motion pictures (including television shows and videos), as defined in 17 U.S.C. 101, where circumvention is undertaken solely in order to make use of short portions of the motion pictures for the purpose of criticism or comment in limited instances,
  • Literary works, distributed electronically, that are protected by technological measures that either prevent the enabling of read-aloud functionality or interfere with screen readers or other applications or assistive technologies,
  • Computer programs that enable the following types of wireless devices to connect to a wireless telecommunications network, when circumvention is undertaken solely in order to connect to a wireless telecommunications network and such connection is authorized by the operator of such network,
  • Computer programs that enable smartphones, tablets, and portable all-purpose mobile computing devices, and smart televisions 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 smartphone or device or to permit removal of software from the smartphone or device,
  • Computer programs that are contained in and control the functioning of a motorized land vehicle such as a personal automobile, commercial motor vehicle, or mechanized agricultural vehicle, except for computer programs primarily designed for the control of telematics or entertainment systems for such vehicle, when circumvention is a necessary step undertaken by the authorized owner of the vehicle to allow the diagnosis, repair or lawful modification of a vehicle function,
  • Computer programs, where the circumvention is undertaken on a lawfully acquired device or machine on which the computer program operates solely for the purpose of good-faith security research and does not violate any applicable law,
  • Video games in the form of computer programs embodied in physical or downloaded formats that have been lawfully acquired as complete games, when the copyright owner or its authorized representative has ceased to provide access to an external computer server necessary to facilitate an authentication process to enable local gameplay,
  • Computer programs that operate 3D printers that employ microchip-reliant technological measures to limit the use of feedstock, when circumvention is accomplished solely for the purpose of using alternative feedstock and not for the purpose of accessing design software, design files or proprietary data, and
  • Literary works consisting of compilations of data generated by medical devices that are wholly or partially implanted in the body or by their corresponding personal monitoring systems, where such circumvention is undertaken by a patient for the sole purpose of lawfully accessing the data generated by his or her own device or monitoring system.
2018 rulemaking

The 2018 exemptions, issued in October 2018, are for:[rx]

  • Motion pictures (including television shows and videos), as defined in 17 U.S.C. 101, where circumvention is undertaken solely in order to make use of short portions of the motion pictures for the purpose of criticism or comment, for supervised educational purposes, or to accommodate for accessibility for disabled students in educational institutions;
  • Literary works, distributed electronically, that are protected by technological measures that either prevent the enabling of read-aloud functionality or interfere with screen readers or other applications or assistive technologies;
  • Literary works consisting of compilations of data generated by medical devices that are wholly or partially implanted in the body or by their corresponding personal monitoring systems, for the sole purpose of lawfully accessing the data on one’s own device;
  • Computer programs that enable wireless devices to connect to a wireless telecommunications network when circumvention is undertaken solely in order to connect to a wireless telecommunications network and such connection is authorized by the operator of such network;
  • Computer programs that enable smartphones, tablets and portable all-purpose mobile computing devices, and smart televisions 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 smartphone or device or to permit removal of software from the smartphone or device;
  • Computer programs that enable smart televisions 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 smart television;
  • Computer programs that enable voice assistant devices 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 device;
  • Computer programs that are contained in and control the functioning of a motorized land vehicle such as a personal automobile, commercial motor vehicle, or mechanized agricultural vehicle, except for computer programs primarily designed for the control of telematics or entertainment systems for such vehicle, when circumvention is a necessary step undertaken by the authorized owner of the vehicle to allow the diagnosis, repair or lawful modification of a vehicle function;
  • Computer programs that are contained in and control the functioning of a lawfully acquired smartphone or home appliance or home system when circumvention is a necessary step to allow the diagnosis, maintenance, or repair of such a device or system;
  • Computer programs, where the circumvention is undertaken on a lawfully acquired device or machine on which the computer program operates solely for the purpose of good-faith security research and does not violate any applicable law,
  • Video games in the form of computer programs embodied in physical or downloaded formats that have been lawfully acquired as complete games, when the copyright owner or its authorized representative has ceased to provide access to an external computer server necessary to facilitate an authentication process to enable local gameplay;
  • Video games in the form of computer programs embodied in physical or downloaded formats that have been lawfully acquired as complete games, that do not require access to an external computer server for gameplay, and that are no longer reasonably available in the commercial marketplace, solely for the purpose of preservation of the game in a playable form by an eligible library, archives, or museum;
  • Computer programs used to operate video game consoles solely to the extent necessary for an eligible library, archives, or museum to engage in the preservation activities for the video game exceptions above;
  • Computer programs, except video games, that have been lawfully acquired and that are no longer reasonably available in the commercial marketplace, solely for the purpose of lawful preservation of a computer program, or of digital materials dependent upon a computer program as a condition of access, by an eligible library, archives, or museum; and
  • Computer programs that operate 3D printers that employ microchip-reliant technological measures to limit the use of feedstock, when circumvention is accomplished solely for the purpose of using alternative feedstock and not for the purpose of accessing design software, design files, or proprietary data.
2021 rulemaking

The 2021 exemptions, issued in October 2021, are for:[rx]

  • Motion pictures (including television shows and videos), as defined in 17 U.S.C. 101, where circumvention is undertaken solely in order to make use of short portions of the motion pictures for the purpose of criticism or comment, for supervised educational purposes, to accommodate for accessibility for disabled students in educational institutions, for the preservation of the motion picture by a library, archive, or museum, or for research purposes at educational institutions;
  • Literary works, distributed electronically, that are protected by technological measures that either prevent the enabling of read-aloud functionality or interfere with screen readers or other applications or assistive technologies, or for research purposes at educational institutions;
  • Literary works consisting of compilations of data generated by medical devices that are wholly or partially implanted in the body or by their corresponding personal monitoring systems, for the sole purpose of lawfully accessing the data on one’s own device;
  • Computer programs that enable wireless devices to connect to a wireless telecommunications network when circumvention is undertaken solely in order to connect to a wireless telecommunications network and such connection is authorized by the operator of such network;
  • Computer programs that enable smartphones, tablets, portable all-purpose mobile computing devices, and smart televisions 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 smartphone or device or to permit removal of software from the smartphone or device;
  • Computer programs that enable smart televisions 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 smart television;
  • Computer programs that enable voice assistant devices 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 device;
  • Computer programs that enable routers and dedicated network devices 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 router or dedicated network device and is not accomplished for the purpose of gaining unauthorized access to other copyrighted works;
  • Computer programs that are contained in and control the functioning of a lawfully acquired motorized land vehicle or marine vessel such as a personal automobile or boat, commercial vehicle or vessel, or mechanized agricultural vehicle or vessel, except for programs accessed through a separate subscription service, when circumvention is a necessary step to allow the diagnosis, repair, or lawful modification of a vehicle or vessel function, where such circumvention is not accomplished for the purpose of gaining unauthorized access to other copyrighted works;
  • Computer programs that are contained in and control the functioning of a lawfully acquired device that is primarily designed for use by consumers, when circumvention is a necessary step to allow the diagnosis, maintenance, or repair of such a device, and is not accomplished for the purpose of gaining access to other copyrighted works;
  • Computer programs that are contained in and control the functioning of a lawfully acquired medical device or system, and related data files, when circumvention is a necessary step to allow the diagnosis, maintenance, or repair of such a device or system.
  • Computer programs, where the circumvention is undertaken on a lawfully acquired device or machine on which the computer program operates, or is undertaken on a computer, computer system, or computer network on which the computer program operates with the authorization of the owner or operator of such computer, computer system, or computer network, solely for the purpose of good-faith security research.
  • Video games in the form of computer programs embodied in physical or downloaded formats that have been lawfully acquired as complete games, when the copyright owner or its authorized representative has ceased to provide access to an external computer server necessary to facilitate an authentication process to enable local gameplay;
  • Computer programs, except video games, that have been lawfully acquired and that are no longer reasonably available in the commercial marketplace, solely for the purpose of lawful preservation of a computer program, or of digital materials dependent upon a computer program as a condition of access, by an eligible library, archives, or museum, where such activities are carried out without any purpose of direct or indirect commercial advantage.
  • Computer programs that operate 3D printers that employ technological measures to limit the use of material, when circumvention is accomplished solely for the purpose of using alternative material and not for the purpose of accessing design software, design files, or proprietary data;
  • Computer programs, solely for the purpose of investigating a potential infringement of free and open-source computer programs;
  • Video games in the form of computer programs, embodied in lawfully acquired physical or downloaded formats and operated on a general-purpose computer, where circumvention is undertaken solely for the purpose of allowing an individual with a physical disability to use software or hardware input methods other than a standard keyboard or mouse.

2015 Study

After much criticism on December 29, 2015, the Copyright Office initiated a study to assess the operation of section 1201 and the triennial rulemaking process. This is different from usual public comments on exemption proposals. It includes the role of the anti-trafficking provisions and permanent exemptions and the requirements of the rulemaking itself. The Office has issued a Notice of Inquiry requesting public comment.[rx]

Several comments were posted by individuals and organizations.[rx] An individual recalls that the Copyright Clause has limitations.[rx] Association of American Publishers et al. hold there is no need to amend the statute or to significantly alter the rulemaking. They are happy with the protection they are being granted, including anti-trafficking provisions, and talk of placing the cart before the horse, when they argue about requiring proof of the mindset that consumers would have when utilizing circumvention tools before actual acts of circumvention occur. In their opinion, the meaning of Section 1201 is to extend, not merely duplicate, the copyright holder’s rights.[rx] Society of American Archivists say they are not aware that the anti-trafficking provisions of section 1201(a)(2) and 1201(b) have had any impact in deterring copyright infringement. They do know, however, that the provisions have created an absurd, Catch-22 situation for any archives that sought to adhere to the letter of the law.[rx] iFixit also talks of Catch-22 stressing that since it is up to proponents to show that an exemption is relevant, they need to show that there’s overwhelming market demand if only it were legal.[rx] Rapid7 notices that DMCA adversely affects good faith security research by forbidding researchers from circumventing technological protection measures (TPMs) to analyze software for vulnerabilities.[rx] Cyberlaw Clinic at Harvard Law School points out that rulemaking is a complicated, ad hoc, and unduly burdensome process.[rx] Professors Andrea M. Matwyshyn, Steven M. Bellovin, Matt Blaze, J. Alex Halderman, and Nadia Heninger, jointly advocated making the security research exemption granted in the 2015 Triennial Section 1201 Rulemaking permanent.[rx]

The Learning Disabilities Association of America (LDA) commented that circumventing DRM restrictions to meet accessibility needs deserves a permanent exception.[rx] Entertainment Software Association gives a vivid and detailed description of a flourishing market which is only possible because of DMCA.[rx] They are deeply concerned about people with disabilities, but that concern is already being taken care of by the copyright holders so no permanent exception is needed.[rx]

Comments have also been submitted by, among others, R Street Institute[rx] American Association of Law Libraries,[rx] Business Software Alliance,[rx] Alliance of Automobile Manufacturers,[rx][rx] Association of American Universities et al.,[rx] Copyright Alliance,[rx][rx] Association for Computing Machinery U.S. Public Policy Council,[rx] the Software and Information Industry Association,[rx][rx] DVD Copy Control Association (“DVD CCA”) et al.,[rx] Microsoft Corporation,[] Association for Competitive Technology,[rx] Public Knowledge,[rx][rx] American Automobile Association.[rx]

In June 2017, the Copyright Office published a report where it “shares the concern” that Section 1201 can affect activities unrelated to copyright infringement, but also expressed concerns over weakening “the right of copyright owners to exercise meaningful control over the terms of access to their works online”, which they believe is “essential to the development of the digital marketplace for creative content”.[rx] However, with respect to the question of whether the security research exemption granted in the 2015 Triennial cycle should be made permanent in some form, the Office recommended “that Congress consider expanding the reach of this exemption, easing the strict authorization requirement for researchers and restrictions on the use of information generated from the research, and abandoning or clarifying the multifactor test,” stating that “it continues to believe that the exemption adopted in 2015 can be a useful starting point, and notes that most of the security researchers who petitioned for that exemption … agree.”[rx]