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Big media wants bills for more punitive enforcement, new media, internet firms, and activists fight back

Many senior justices complain the copyright system in the U.S. is "broken", with the law struggling to deal with a new digital reality in which information is more easily shared.  

Software copyright is often used (or abused) to try to prevent customers from modifying (jailbreaking) devices they legally own -- actions that violate provisions of the controversial Digital Millennium Copyright Act (DMCA) [PDF], which modified Title 17 of the U.S. Code.  Another topic of controversy is backup copies.  Industry officials argue that the DMCA is explicit -- no backups are allowed -- and insist customers should simply repurchase content if their physical media is damaged.  Copyright law has also been at time abused to take down legitimate websites, sometimes even as an anticompetitive tactic by rivals.

U.S. Copyright Office chief Maria Pallante called on "Congress to once again think big" and enact copyright reform, crafting "the next great copyright act."

Congress building
Congress is taking up copyright reform -- but which way will its reforms go is the pressing question. [Image Source: U.S. Congress]

At a celebration of World Intellectual Property Day at the Library of CongressU.S. House of Representatives Judiciary Committee Chairman Bob Goodlatte (D-Virg.) called on his House colleagues to heed the call, remarking:

The Internet has enabled copyright owners to make available their works to consumers around the world, but has also enabled others to do so without any compensation for copyright owners. Efforts to digitize our history so that all have access to it face questions about copyright ownership by those who are hard, if not impossible, to locate. There are concerns about statutory license and damage mechanisms.

Federal judges are forced to make decisions using laws that are difficult to apply today. Even the Copyright Office itself faces challenges in meeting the growing needs of its customers - the American public. ... The goal of these hearings will be to determine whether the laws are still working in the digital age.

This may be a case of being careful what you wish for.  Big media has paid a tremendous amount of campaign donations to members of Congress.  For example, between 2005 and 2011 large media interests paid members of the U.S. Senate $86M USD -- roughly a tenth of all their campaign costs.

Bribe under table
Big media is slipping Congress loads of cash in hopes of more punitive copyright policy.
[Image Source: i-Sight]

Thus any copyright reform may come in the direction of furthering big media's dream goals, such as instituting stiff penalties for customers who use software to crack digital rights management and burn backup copies.  This is certainly one debate to watch closely in coming months.

As for Rep. Goodlatte, it's hard to tell where his interests lies.  He's received large donations from Google Inc. (GOOG) and Pandora Media Inc. (P) on one side of the fence, and from Comcast Corp. (CMCSA) on the other side of the fence [source].  Thus he may be about as close to an unbiased party as you get in Congress these days, given that the special interest payouts (may) have balanced each other out.

Source: U.S. House Judiciary Committee



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RE: If you think...
By maugrimtr on 4/26/2013 10:54:19 AM , Rating: 1
What First Amendment rights are being taken up the ass by preventing corporations, shady special interest groups and completely anonymous SuperPACs from donating money to politicians (noting that indirect support should have a monetary value like any benefit-in-kind and/or bribe)?

Free speech, right? Corporations being perfectly normal natural persons entirely predicted by the Founded Fathers using their unrivaled access to the TARDIS.

Corporations are not people. They are not citizens. They have no voting rights. They should not be able to wield their cash like a club to override the will of the people. That's a perversion.

If we created a litmus test, it would be very simple. What would you do if it were discovered that big media were providing 20% of a politicians campaign funding? 50%? What about 90%? Does Free Speech for Corporations still hold up then?

Not in a free nation it won't... We'd take back the government in an armed uprising and give corporations a boot out of politics.


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