As we discussed in our last post, the U.S. Copyright Office recently published its sixth set of exemptions to the Digital Millennium Copyright Act (“DMCA”). In Part I of our multi-part analysis we discussed the DMCA’s statutory privacy exception. Today we begin with the new exemptions – specifically two exemptions related to medical devices. The Medical Device Research Coalition (“MDRC”) filed a petition for an exemption for computer programs on implanted medical devices – such as pacemakers, implantable cardioverter defibrillators (“ICDs”), insulin pumps, and continuous glucose monitors – and their corresponding personal monitoring systems. MDRC’s proposed exemption would allow research on software security flaws and also allow patients access to the data generated by their own medical devices. The Register of Copyrights decided to split the class into two subclasses – 27A concerning security…
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