Before the
                               Library of Congress
                                 Copyright Office



 Notice of Inquiry


 In re Exemption to Prohibition on
 Circumvention of Copyright                          Docket No. RM 2002-4
 Protection Systems for Access
 Control Technologies





                        Further Post-Hearing comments of
                       The Electronic Frontier Foundation





Gwen Hinze
Staff Attorney
The Electronic Frontier Foundation
454 Shotwell Street
San Francisco CA 94110
(415) 436-9333 x110
fax (415) 436-9993


                                          Before the
                                      Library of Congress
                                       Copyright Office

In re Exemption to Prohibition on                 )
Circumvention of Copyright                         ) Docket No. RM 2002-4
Protection Systems for Access                     )
Control Technologies                              )


            Post-Hearing Comments of the Electronic Frontier Foundation
Further to the comments submitted by the Electronic Frontier Foundation on June 20,
2003, EFF provides the following supplemental information in response to one of the
questions posed by the Copyright Office in its letter of June 5, 2003.

Questions 7.1 How many DVDs which are encrypted using CSS contain a compilation of
works including both audiovisual works in the public domain and audiovisual works
protected by copyright? (Please provide the specific titles in each such case).

For the reasons outlined in EFF's previous post-hearing comments, EFF considers that it
should not be necessary for EFF to identify the total number of DVDs which contain a
compilation of works including audiovisual works in the public domain and audiovisual
works protected by copyright in order to demonstrate the "substantial adverse impact"
threshold for harm in this proceeding. EFF respectfully reiterates its position that the
burden of production should shift to the motion picture and associated technology
copyright owners in this proceeding, who are better placed to provide this information.

However, as a supplement to the information previously provided on June 20, EFF has
identified that 8 of the 9 public domain motion pictures identified in its December 18,
2002 comments are available in DVD compilations comprising public domain motion
pictures together with copyrighted materials. These titles are: "Along Came Auntie",
"Any Bonds Today", "Bromo and Juliet", "Jungle Drums", "Our Gang Follies of 1938",
"The River", "Roughest Africa", and "Should Sailors Marry?"  Details of the name of the
DVD compilations in which these public domain works feature, and the other
copyrighted audiovisual works released on the DVD compilations are provided in the
attached table.

Thank you for the opportunity to provide comments on these issues. EFF would welcome
the opportunity to supplement this response if further information is provided by other
parties on these issues.


Gwen Hinze, Esq.
Staff Attorney
Electronic Frontier Foundation

June 26, 2003