The EFF has decided that the DMCA “rulemaking process is simply too broken” for them to bother commenting on it any further. See “DMCA Triennial Rulemaking: Failing Consumers Completely:”
EFF has participated in each of the two prior rulemakings (in 2000 and 2003), each time asking the Copyright Office to create exemptions for perfectly lawful consumer uses for digital media that are encumbered by DRM restrictions. For example, we asked that DVD owners be allowed to skip those “unskippable” ads at the beginning of DVDs. We asked that people who bought copy-protected CDs be allowed to get them to play on their computer. We asked that consumers be allowed to bypass region coding to play a DVD purchased in another part of the world. The Copyright Office rejected all of these proposals.
This year, we are not submitting any proposals. Where consumer interests are concerned, the rulemaking process is simply too broken. For example:
(Well, see the full post for examples.)