Post-Hearing Comments on Exemption to Prohibition on Circumvention Measures

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Interactive Digital Software Association June 19, 2003 Via e-mail: daca@loc.gov Mr. David O. Carson General Counsel United States Copyright Office James Madison Memorial Building, LM-403 101 Independence Avenue, S.E. Washington, D.C. 20559-6000 Re: Docket No. RM 2002-4 Exemption to Prohibition on Circumvention of Copyright Protection Systems for Access Control Technologies Dear Mr. Carson: Thank you for the opportunity to appear as a witness at the Copyright Office’s hearings on possible exemptions to the prohibition on circumvention of technological measures that control access to copyrighted works, and for the opportunity to respond to the follow-up questions provided in your letter dated June 5, 2003. We accordingly offer the following in response: Q: What are the differences between region coding and the newer “enhanced” region coding? To what extent will the enhanced version be applied to DVDs embodying video games in the next three years? (Please provide any evidence you have to support that prediction.) A: As we understand it, enhanced region coding (or "region code enhancement") is technology that actively checks the region code settings of the host player. Disks implementing this technology query the player for its region settings, and abort play when receiving one that is not compatible with the coding contained on the disk. Thus, disks with this enhanced capability will not play on players that have been set to play for all regions, but will only operate on those set exclusively to the same region as the disk. We are currently aware of no plans by our member publishers to implement region code enhancement in their products in the next three years. Q: We heard that region code flags for some DVD players can be reset a number of times to permit the playing of motion pictures from various regions. Can the region code flag be reset for video games as well? If so, please provide the details. Interactive Digital Software Association • 1211 Connecticut Avenue, NW • Suite 600 • Washington, DC 20036 • 202.223.2400 • 202.223.2401 FAX IDSA Question Responses Page 2 of 2 A: To our knowledge, the current generation of dedicated video game consoles does not allow for the region code flag to be reset to allow for play of video games coded specifically for play in an alternate region. We thank you again for your questions and would appreciate an opportunity to further supplement these responses in the event that additional information becomes available. Very truly yours, Stevan D. Mitchell Vice President Intellectual Property Policy

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