H.R.1892 - Unlocking Technology Act of 2013
To amend section 1201 of title 17, United States Code, to require the infringement of a copyright for a violation of such section, and for other purposes.
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Ms. LOFGREN (for herself, Mr. MASSIE, Mr. POLIS, and Ms. ESHOO) introduced the following bill; which was referred to the Committee on the Judiciary, and in addition to the Committee on Ways and Means, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concernedCommentsClose CommentsPermalink
SECTION 1. SHORT TITLE.
SEC. 2. INFRINGEMENT OF A COPYRIGHT REQUIRED FOR ANTICIRCUMVENTION PROHIBITION.
(A) by amending the first sentence to read as follows: ‘No person shall, in order to infringe or facilitate infringement of a copyright in a work protected under this title, circumvent a technological measure that effectively controls access to that work.’; andCommentsClose CommentsPermalink
(B) by adding at the end the following: ‘It shall not be a violation of this section to circumvent a technological measure in connection with a work protected under this title if the purpose of such circumvention is to engage in a use that is not an infringement of copyright under this title.’;CommentsClose CommentsPermalink
‘(3) It is not a violation of this section to use, manufacture, import, offer to the public, provide, or otherwise traffic in any technology, product, service, device, component, or part thereof that is primarily designed or produced for the purpose of facilitating noninfringing uses of works protected under this title by circumventing a technological measure that effectively controls access to that work, unless it is the intent of the person that uses, manufactures, imports, offers to the public, provides, or traffics in the technology, product, service, device, component, or part to infringe copyright or to facilitate the infringement of a copyright.’.CommentsClose CommentsPermalink
(1) IN GENERAL- Not later than the end of the 9-month period beginning on the date of the enactment of this Act, the Assistant Secretary for Communications and Information of the Department of Commerce shall submit to the committees described in paragraph (2) a report on--CommentsClose CommentsPermalink
SEC. 3. NETWORK SWITCHING NOT INFRINGEMENT.
‘(e) Network Switching- Notwithstanding the provisions of section 106, it is not an infringement to copy or adapt the software or firmware of a user-purchased mobile communications device for the sole purpose of enabling the device to connect to a wireless communications network if--CommentsClose CommentsPermalink
‘(3) the owner of that device has the consent of, or an agreement with, the authorized operator of such wireless communications network to make use of that wireless communications network.’.CommentsClose CommentsPermalink
SEC. 4. HARMONIZATION OF TRADE AGREEMENTS.
The President shall take the necessary steps to secure modifications to applicable bilateral and multilateral trade agreements to which the United States is a party in order to ensure that such agreements are consistent with the amendments made by this Act.CommentsClose CommentsPermalink
SEC. 5. EFFECTIVE DATE.
(a) Amendments- The amendments made by this Act shall apply to acts carried out after the expiration of the 9-month period beginning on the date of the enactment of this Act.CommentsClose CommentsPermalink