October 21, 2002
Library of Hollywood

She Holds the Cards in the Copyright Fight is an interesting and disturbing piece in the LA Times about Marybeth Peters, the Register of Copyrights at the Library of Congress whose apparent job is to strictly interpret and enforce the DMCA strictly in favor of what amounts to Hollywood's reading of the law it also, for the most part, wrote. The gist:

Internet radio is just one of many areas of debate in which Copyright Register Peters and her office will play a big role. As the federal government's top expert on copyright law, she will have a significant influence on how people can download music, tape TV programs and copy or sell e-books.

Her agency recently declared that consumers — who are free to sell books and CDs that they have legally acquired — should have no such rights when it comes to e-books or digital music.

And the Copyright Office has denied virtually every request by librarians, educators and consumers seeking exceptions to the Digital Millennium Copyright Act. The law makes it a crime to bypass copy-protection devices in CDs, DVDs and other digital products, even to make a legally permissible copy.

Peters believes that many "fair-use" practices consumers take for granted, such as taping a TV program or copying a magazine article, need to be reevaluated in the digital age because the economic harm to copyright owners is far greater. For instance, she agrees with court rulings that Napster-style song swapping over the Internet is illegal.

"Some of the activities you tolerate in a non-digital world are because of the inefficiency of making the copy, how the copy is degraded, and the difficulty in sending copies to someone beyond yourself," Peters said. "All of those things go away in a digital environment."

At least we know what we're up against here.

Posted by doc at 07:02 AM
October 18, 2002
Sensenbrenner's webcaster bill dies in Senate

According to Kurt Hanson or RAIN, the "Small Webcaster Amendment Act," which had been passed the house, failed in the Senate, where it never made it to the floor. Hanson puts a positive spin on the matter, and offers several plans based on the degrees of cooperation, such as it is, that have emerged from negotiations between various parties.

Posted by doc at 01:12 PM
October 03, 2002
CEA APPLAUDS INTRODUCTION OF REP. LOFGREN'S DIGITAL MEDIA FAIR-USE RIGHTS BILL

CEA APPLAUDS INTRODUCTION OF REP. LOFGREN'S DIGITAL MEDIA FAIR-USE RIGHTS BILL

Washington, D.C., October 2, 2002 - Praising Representative Zoe Lofgren (D-CA) today for introducing the "Digital Choice and Freedom Act," the Consumer Electronics Association (CEA) said the legislation is an important step forward in preserving consumers' fair use rights in a digital world.
"All Americans enjoying digital media today should join us in recognizing Representative Lofgren for her pro-consumer legislation," said Gary Shapiro. "Somewhere along the line Hollywood's spin campaign managed to obscure the fact that sharing and stealing are not one in the same. Representative Lofgren's bill brings the debate back to reality by accurately defining and addressing the critical balance between fair use rights and copyright in the digital age. First and foremost Rep. Lofgren recognizes that the balance between consumer and content owner rights does not need to change as technology transitions from analog to digital. Consumers enjoying the authorized, non-commercial use of property are not criminals - no matter what format the technology takes. A crime is a crime, personal use is fair use and home recording rights in the analog world should seamlessly carry over to the digital world."
The Lofgren legislation would add to the rights of consumers and other legitimate users as to programs they acquire via CD, DVD, on-line and digital media means and would amend the Digital Millennium Copyright Act (DMCA) to allow consumers, libraries, educators, archivists, and others using fair use rights to acquire the technology necessary to exercise those rights.

Posted by mwehmeier at 02:31 AM
HRRC Praises Lofgren on Introduction of "Digital Choice and Freedom Act"

HRRC Praises Lofgren on Introduction of "Digital Choice and Freedom Act"

Welcomes Emphasis on Balance and Fairness to Consumers

Washington, DC, October 2, 2002 - The Home Recording Rights Coalition (HRRC) today praised Rep. Zoe Lofgren (D-CA) for introducing legislation aimed at restoring balance to both the copyright law and the Digital Millennium Copyright Act of 1998 (DMCA). HRRC Chairman Gary Shapiro said today:

"Rep. Lofgren is to be commended for approaching home technological issues from the consumer's point of view. Too many involved in this discussion see issues only from the standpoint of the content owner. Such a narrow focus is in the long-term interest of neither the content community nor the American consumer."... more

HRRC Praises Lofgren on Introduction of "Digital Choice and Freedom Act"

Welcomes Emphasis on Balance and Fairness to Consumers

Washington, DC, October 2, 2002 - The Home Recording Rights Coalition (HRRC) today praised Rep. Zoe Lofgren (D-CA) for introducing legislation aimed at restoring balance to both the copyright law and the Digital Millennium Copyright Act of 1998 (DMCA). HRRC Chairman Gary Shapiro said today:

"Rep. Lofgren is to be commended for approaching home technological issues from the consumer's point of view. Too many involved in this discussion see issues only from the standpoint of the content owner. Such a narrow focus is in the long-term interest of neither the content community nor the American consumer."

The legislation would address longstanding issues as to use of products, subject to "technological protection measures," once they are in the hands of consumers. These issues have arisen in "shrinkwrap" licenses; under the copyright law's "first sale" doctrine; and under the DMCA's "anti-circumvention" provision. Shapiro noted that Rep. Lofgren has identified several issues of importance not only to home consumers, but also to educators and researchers. He said, "HRRC looks forward to working with other concerned groups toward a full congressional discussion, from the user viewpoint, of the issues raised by this proposal."

Shapiro noted that Rep. Lofgren was among those Members of Congress who had participated in committee debates over the DMCA and had expressed concerns at the time. It is fitting, he said, that after four years of experience, the assumptions made in that debate, and the legislation itself, be re-assessed.

Further information on this and related issues can be found on the HRRC website, www.hrrc.org.

Posted by mwehmeier at 02:27 AM