[sdiy] - Service Manual Project -

[Jean-Pierre Martineau]

"Exemption for Nonprofit Libraries and Archives

Section 404 of the DMCA amends the exemption for nonprofit libraries and
archives in section 108 of the Copyright Act to accommodate digital  
technologies and
evolving preservation practices.  Prior to enactment of the DMCA,  
section 108
permitted such libraries and archives to make a single facsimile  
(i.e., not digital) copy
of a work for purposes of preservation or interlibrary loan.  As  
amended, section 108
permits up to three copies, which may be digital, provided that  
digital copies are not
made available to the public outside the library premises.  In  
addition, the amended
section permits such a library or archive to copy a work into a new  
format if the
original format becomes obsolete—that is, the machine or device used  
to render the
work perceptible is no longer manufactured or is no longer reasonably  
available in the
commercial marketplace."

In other words, unless we are a nonprofit library (a physical  
location, not on the internet), we can't make a digital copy of the  
document (i.e.: scan it to a PDF). The traditional copyright law,  
which was even more restrictive, still applies.

Redrawing a schematic = facsimile = illegal unless we're a library  
and yaddi yaddi yadda.

So, in order to remain legal while making digital copies of the  
manuals, we must

a) Be a nonprofit library with a physical location,
b) Own the original documents (the actual original manuals).
c) Not permit consultation of the documents outside the library itself.

The only way to get around the copyright law is actually getting the  
permission of the copyright holders - individually, for each document.

Seems complicated.

Bottom line is if we put this online, we'd be playing chicken with a  
bunch of corporations. I don't think they'd have anything to gain out  
of a lawsuit against us. It would give a company bad publicity,  
especially if we limit the documents for devices, say older than  
1985. Anyone know of an instance of a similar situation that backfired?


Jean-Pierre Martineau
jpmartineau at jpmartineau.com
http://jpmartineau.com


On 22-May-2007, at 19:05, KA4HJH wrote:

>>> Of course, there's one thing which could be done (at least for  
>>> service
>>> manuals): redraw the schematics, redraw all diagrams/pictures,  
>>> retype
>>> the text. Then copyright is not violated.
>>>
>> But wouldn't that violate the DMCA?
>
> No, the DMCA applies to circumventing copy protection. If the  
> manual in
> question were a PDF file and you cracked the encryption on it THEN  
> you'd be
> violating the DMCA.
>
> I redrew a schematic and posted it (kudos to Ian). Haven't heard from
> Bernie yet...
>
> -- 
>
> Terry Bowman, KA4HJH
> "The Mac Doctor"
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