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Media Government Politics

Fair Use Bill Introduced To Change DMCA 152

An anonymous reader tips us to a Washington Post blogger's note that Representatives Boucher (D-VA) and Dolittle (R-CA) today introduced the FAIR USE Act to update the DMCA to "make it easier for digital media consumers to use the content they buy." Boucher's statement on the bill says, "The Digital Millennium Copyright Act dramatically tilted the copyright balance toward complete copyright protection at the expense of the public's right to fair use..." The Post failed to note the history. Boucher has been introducing this bill for years; here are attempts from 2002 and 2003. The chances may be better in this Congress. And reader Rolling maul writes in to note Ars's disappointment with the bill for leaving the DMCA's anti-circumvention provisions intact: "Yet again, the bill does not appear to deliver on what most observers want: clear protection for making personal use copies of encrypted materials. There is no allowance for consumers to make backups of DVDs, to strip encryption from music purchased online so that it can be played anywhere, or to generally do any of the things that the DMCA has made illegal."
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Fair Use Bill Introduced To Change DMCA

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  • by carrus85 ( 727188 ) on Tuesday February 27, 2007 @06:05PM (#18173314)
    I've always wondered this. The current DMCA, AFAIK, makes breaking encryption a questionable prospect, at best (unless you have permission from the encryption designers). Why should this even be protected? Shouldn't we just encourage people to use stronger encryption that isn't as easily circumvented (in effect, why are we legislating that the use of "weak" encryption is okay)?

    Personally, I think the encryption itself should be the deterrent to the circumvention of the encryption, not legislation.

    If we can break the encryption, too bad; use something besides Fisher Price's "My First Encryption Algorithm" next time.
  • by mangu ( 126918 ) on Tuesday February 27, 2007 @06:18PM (#18173552)
    it would be pleasant not to be a criminal for burning the DVDs I own for viewing on my PSP...


    You could be a "criminal" under the law, but not under moral principles. As the ancient Romans said, "non omne licitum honestum", which is translated as "not everything that's legal is honest".


    Apart from the basic principles of "fair use", I think lawmakers should restrain from creating unenforceable laws, because they weaken the whole principle of legitimacy of the state. Violating laws that restrict copying of digital works is ridiculously easy. Even if some people try to equate copying music and films to robbing banks, if it were as easy to rob a bank as it is to copy a DVD, I would think the whole business model of banking should be reviewed before creating stricter laws against bank robbery.


    There's a great quotation by Robert Heinlein about this. In his 1965 novel "The Moon is a Harsh Mistress" his character Bernardo de la Paz said: "But I will accept any rules that you feel necessary to your freedom. I am free, no matter what rules surround me. If I find them tolerable, I tolerate them; If I find them too obnoxious, I break them. I am free because I know that I alone am responsible for everything I do." In digital works, this assertion is absolutely true everywhere. If the public does not accept the laws protecting "intellectual property", those laws will be broken.

  • Pass the bill (Score:1, Interesting)

    by Spazmania ( 174582 ) on Tuesday February 27, 2007 @06:30PM (#18173734) Homepage
    There's a word for introducing a bill that has no hope of being passed: grandstanding.

    Instead, Boucher has produced a bill that actually has a decent chance of becoming law. That would be great since it gives a number of circumvention devices a legal way to exist and be distributed.

    In two years maybe we'll have a Democratic president and then he'll be in a position to pass a more sweeping bill.
  • by QuasiEvil ( 74356 ) on Tuesday February 27, 2007 @06:39PM (#18173878)

    Why should this even be protected? Shouldn't we just encourage people to use stronger encryption that isn't as easily circumvented (in effect, why are we legislating that the use of "weak" encryption is okay)?
    Because that's not the fantasy that most folks want to believe. Most people think that security by obscurity is pretty good, and beyond that, they'll go to basic crypto. (I admit that SBO works in some cases in the physical world, but in the electronic world it doesn't stand a chance.) They want to believe that anything encrypted is protected.

    Take a look at the retarded laws covering scanners and cellphones/cordless telephones. We could just tell people that these things are insecure and let the market handle it, or legislate the implementation of real security, or we could tell all the law-abiding folks to stop monitoring those frequencies and force equipment manufacturers to degrade performance across the spectrum to filter these particular frequencies. Meanwhile, anybody who really wants to can still come up with a receiver that will work in those bands... The public *wanted to believe* that their phone conversations were secure, so they made listening illegal rather than actually trying to make them secure (or letting the free market do it as a "feature"). Legislate to the fantasy, that's what we do today, because it makes people feel better even if they're worse off...

  • Re:Nice... (Score:5, Interesting)

    by HTH NE1 ( 675604 ) on Tuesday February 27, 2007 @07:01PM (#18174326)

    Not that it will pass, but it would be pleasant not to be a criminal for burning the DVDs I own for viewing on my PSP...
    In case the summary was too long to read, that still would be illegal.
    It's more depressing than that. The provision to strike down the anti-circumvention clause of the DMCA was the only thing keeping others from attaching the Broadcast Flag FCC-authorizing bill to this one (or vice versa). Excerpting from the testimony of Fritz Attaway, Executive Vice President and Special Policy Advisor, MPAA [mpaa.org] (a PDF):

    Let me add one cautionary note. While we strongly support legislation that will reinstate the Broadcast Flag, we cannot support legislation that will do that at the expense of the anti-circumvention provisions of the DMCA. It has been suggested that HR 1201 [2006 version] be attached to Broadcast Flag legislation. However, that type of legislation would as a practical matter repeal Section 1201 of the DMCA, would compromise efforts to fight piracy and inflict devastating harm on an important American industry.
    Irreconcilable differences between the industry and the consumers will doom this one as well.
  • Re:DVD backups (Score:5, Interesting)

    by mandelbr0t ( 1015855 ) on Tuesday February 27, 2007 @07:04PM (#18174366) Journal
    It's also true of any copyrighted work. Fair Use implies that an exception to the copyright law is being made because the particular infringement is not damaging to the copyright holder. This decision was left to the courts to make on a case-by-case basis until DMCA became law. Now you can't argue the Fair Use defense because you obviously broke a law to obtain the copy you're arguing Fair Use for. DMCA is so evil because it claims to uphold the Fair Use defense while finding a devious means to ensure that someone who makes such an argument is already guilty.
  • by HTH NE1 ( 675604 ) on Tuesday February 27, 2007 @07:15PM (#18174568)
    That's cute, but before it could be signed it was first passed by the Republican-controlled House of Representatives and the Republican-controlled Senate.

    And, IIRC, did so by voice votes(*), so there'd be no record of who voted what way (such as how many Democrats supported it and how many Republicans did not) nor even hard numbers of ayes and nays, only that a clear majority voted for it.

    Which not only concealed how they voted from their constituents, but also whether they had enough votes to override any Presidential veto.

    (*) Or was it the Communications Decency Act, or was it both of them?
  • Re:Nice... (Score:4, Interesting)

    by Yez70 ( 924200 ) on Tuesday February 27, 2007 @08:10PM (#18175232)
    In the US we are watching a lot of small personal freedoms be legislated away. This is one of them: to do what we wish with what we purchase. I understand it isn't 'in the constitution' but it is implied in our way of life. The fact that our leaders continue to propose bills of 'fair use' that don't allow 'fair use' is more telling of who is in control. This is yet another tiny step nowhere for the 'fair use' debate.

    To Be Fair.

    Has anyone been successfully prosecuted for burning a personal DVD for personal use on their PSP?

    It doesn't make it right that it is illegal, but at least our society doesn't enforce the fact - yet.
  • Re:Goddamn acronyms! (Score:1, Interesting)

    by BronsCon ( 927697 ) <social@bronstrup.com> on Tuesday February 27, 2007 @09:15PM (#18175948) Journal
    When the RIAA says Digitial Millenium Copyright Act (DMCA) I say Fair Use (FU).
  • by spirality ( 188417 ) on Tuesday February 27, 2007 @09:17PM (#18175962) Homepage
    I actually should have fired this back at you with my previous post. :) Anyway, here it is, even if a bit belated.
    Again thanks for the great quotation.

    No society can exist unless the laws are respected to a certain degree. The safest way to make laws respected is to make them respectable. When law and morality contradict each other, the citizen has the cruel alternative of either losing his moral sense or losing his respect for the law.

    -Frederic Bastiat
    The Law
  • by brre ( 596949 ) on Tuesday February 27, 2007 @09:18PM (#18175968)
    "make it easier for digital media consumers to use the content they buy."

    In fact what's owned, bought, and protected (or not) here is expression, not content.

    If you learn that the Earth is round from watching that digital video, you're free to share that fact with anyone you like. The copyright holders can't do a thing about it.

An Ada exception is when a routine gets in trouble and says 'Beam me up, Scotty'.

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