backtop


Print 75 comment(s) - last by juggalo0707.. on Mar 10 at 11:15 PM

Excessive restrictions of the Digital Millenium Copyright Act may be a thing of the past if U.S. Representative Rick Boucher has his way

The Recording Industry Association of America (RIAA) is making its stance very clear on digital copying: Allowing users to make copies would "legalize hacking," it says. However, a new bill in the U.S. Congress aims to allow consumers to copy and safely play digital material that they legally own, and to protect user rights for consumers of copyright material. The bill also aims to protect fair use in hardware devices, which The RIAA is strongly against as of this moment.

Under the Freedom and Innovation Revitalizing U.S. Entrepreneurship (FAIR USE) Act, users will be allowed to copy material they own, but will also be granted exemptions to the Digital Millennium Copyright Act, or DMCA. According to the FAIR USE Act, consumers will be allowed to make limited copies of copyrighted material for personal purposes as well as for reviews, news reporting and education. Additionally, manufacturers and service providers will not be held accountable for what customers do with their devices and services.

"The fair use doctrine is threatened today as never before," said U.S. Representative Rick Boucher. "Historically, the nation's copyright laws have reflected a carefully calibrated balanced between the rights of copyright owners and the rights of the users of copyrighted material. The Digital Millennium Copyright Act (DMCA) dramatically tilted the copyright balance toward complete copyright protection at the expense of the public's right to fair use," Boucher added.

A snippet from the FAIR USE doctrine reads (PDF):
The court shall remit statutory damages for secondary infringement, except in a case in which the copyright owner sustains the burden of proving, and the court finds, that the act or acts constituting such secondary infringement were done under circumstances in which no reasonable person could have believed such conduct to be lawful.
The RIAA has already shown its disdain for the proposed bill.  "The difference between hacking done for non-infringing purposes and hacking done to steal is impossible to determine and enforce," said the RIAA in a statement.

Late last year, Congress previously ruled that users are no longer allowed to rip DVD movies to their iPods, even if they own the movies legally. What the RIAA emphasizes is that some manufacturers may be creating devices that are intentionally easy to hack, circumventing the onboard protection measures, so that the "feature" may be attractive to end users.

According to the Electronic Frontier Foundation (EFF), which has stood against the RIAA in many cases, the FAIR USE Act would help consumers who are being sued for wrong doing when they have not committed any crime. "The bill would loosen the grip of the DMCA, which restricts circumvention of digital rights management (DRM) restrictions even for lawful uses," said the EFF in a statement.

Since its implementation several years ago, the DMCA has been viewed by many as being too restrictive, both on consumers and on manufacturers. Many compare their current collection of DVD movies and music CDs to their old video and audio cassettes. Copying and making backups were normal everyday practices that millions did. The RIAA's stance is that digital copying has significantly impacted music sales in a negative way. Research proved that the RIAA was making unfounded claims -- while sales of actual physical CDs dropped, overall sales of music has risen tremendously.

Boucher is also an advocate of Net Neutrality and U.S. patent reform.


Comments     Threshold


This article is over a month old, voting and posting comments is disabled

Another politician pandering to get re-elected...
By Beenthere on 3/8/2007 9:22:05 AM , Rating: -1
Fair use does NOT mean making and distributing copies of legally purchased digital media. Fair use means one copy for use only by the original purchaser, on one machine, at one time. That is fair use. Anything else is exploitation of the originator of the art and protected under copyright laws -- as this politican will soon discover.

Nice try to get re-elected but no one in the judicial system is gonna support Piracy.




By rdeegvainl on 3/8/2007 12:25:14 PM , Rating: 2
Fair use means one copy for use only by the original purchaser, on one machine, at one time. That is fair use. Anything else is exploitation of the originator of the art

So your kids can't listen to your music, and you can't use more than one player, and you must have a copy for each person that watches a movie in your house, or listens to a cd you have playing in a home stereo system?
Would you also be in favor of not allowing people to decide who eats the food they buy, or the car they drive, and what streets they drive on? Cause it really sounds like your that kind of idealist. If you want to restate your post, to say what you mean that would be great. But if you truly meant what you wrote, then you have a very distorted view of "FAIR USE".
Oh and no one is agruing distributing copies. they want to make copies for there own use. But great way to try and distort an argument to show the worst a situation can allow.


By iNGEN on 3/8/2007 12:42:17 PM , Rating: 2
No, he is accurate. The RIAA, in particular, has argued in federal court that fair use is limited only to the purchaser of the content. They have argued that playing content you purchase legally at say, your New Year's Eve party, is unauthorized distrobution and therefore copyright infringement.


By rdeegvainl on 3/8/2007 2:34:03 PM , Rating: 2
§ 107. Limitations on exclusive rights: Fair use38
Notwithstanding the provisions of sections 106 and 106A, the fair use of a copyrighted work, including such use by reproduction in copies or phonorecords or by any other means specified by that section, for purposes such as criticism, comment, news reporting, teaching (including multiple copies for classroom use), scholarship, or research, is not an infringement of copyright. In determining whether the use made of a work in any particular case is a fair use the factors to be considered shall include —
(1) the purpose and character of the use, including whether such use is of a commercial nature or is for nonprofit educational purposes;
(2) the nature of the copyrighted work;
(3) the amount and substantiality of the portion used in relation to the copyrighted work as a whole; and
(4) the effect of the use upon the potential market for or value of the copyrighted work.

The fact that a work is unpublished shall not itself bar a finding of fair use if such finding is made upon consideration of all the above factors.

from the following website
http://www.copyright.gov/title17/92chap1.html#107

I think that fair use would constitute making copies.
That is what I oculd come up with on fair use. If you have a link that is more up to date or anything share the knowledge.


By walk2k on 3/8/2007 6:43:58 PM , Rating: 2
The famous "VCR" ruling also made it so that Fair Use is applied to time-shifting and format-shifting for the sake of convienence. (I.e, ripping a CD to play on your iPod, or DVR'ing a TV show to watch later..)

Fair Use also allows one "archive" or back-up copy to be made...


By SmokeRngs on 3/9/2007 4:56:27 PM , Rating: 2
quote:
Fair use does NOT mean making and distributing copies of legally purchased digital media. Fair use means one copy for use only by the original purchaser, on one machine, at one time. That is fair use.


From what I know of Fair Use, some of this is incorrect. You are correct about being able to make one copy. However, it is not tied to one machine or person necessarily. But, only one copy can be in use at any particular time.

You can't lend your friend the copy of a CD and decide to use the original while he has your copy. This would be the same for any other media or format.

I'm not sure about legalities, but I would assume the "only one copy" would not be enforced. You could probably have the original CD put up for safety, a copy of the CD in your car and a copy ripped to the computer. As long as you are only using one of the copies at a time, you would be covered under fair use.


"I mean, if you wanna break down someone's door, why don't you start with AT&T, for God sakes? They make your amazing phone unusable as a phone!" -- Jon Stewart on Apple and the iPhone

Related Articles













botimage
Copyright 2014 DailyTech LLC. - RSS Feed | Advertise | About Us | Ethics | FAQ | Terms, Conditions & Privacy Information | Kristopher Kubicki