[Ecommerce] 'Fair Use' Bill Draws Ire Of Rights Holders

[Manon Ress]

http://billboardradiomonitor.com/radiomonitor/news/business/leg_reg/article_display.jsp?vnu_content_id=1000920284

'Fair Use' Bill Draws Ire Of Rights Holders
May 13, 2005
By Brooks Boliek, The Hollywood Reporter


Some of the most important copyright holders, including the studios,
sports leagues and the entertainment unions, are urging lawmakers to
oppose legislation that would scale back intellectual property protections.

In a letter sent to lawmakers this week, the companies, leagues and
guilds told lawmakers that the Digital Media Consumers' Rights Act (HR
1201) actually undermines consumers.

"Despite its title, HR 1201 is decidedly anti-consumer. If enacted, it
would promote 'hacking' and the proliferation of 'hacker tools,'
undermine the incentives for both copyright owners and the people who
create those copyrighted works to create and distribute the
highest-quality products to American consumers," the Copyright Assembly
wrote. "In the end, HR 1201 will leave individuals with fewer choices,
less flexibility and inferior quality digital entertainment."

The legislation, written by Reps. Rick Boucher, D-Va., and John
Doolittle, R-Calif., would allow people to bypass digital copyright
protection regimes for "fair use" purposes. Under the Digital Millennium
Copyright Act, cracking a digital copyright protection regime is a
federal crime.

Copyright holders contend that allowing such an action guts the
protection necessary for Internet delivery of copyrighted works.

"With 2.6 billion infringing files traded each month on peer-to-peer
networks, Congress should be looking for ways to limit piracy (or even
to keep it from getting worse), not to facilitate it by undermining what
limited technical protections do exist today," the Copyright Assembly
wrote. "We urge you to seriously consider the adverse effects of this
proposal and opt to protect consumer choice in the marketplace by
rejecting HR 1201."

Although there has been little movement on copyright legislation since
the Family Entertainment and Copyright Act was approved this year,
congressional and industry sources say that the letter was prompted
because Boucher has been urging colleagues to consider the bill.

Most lawmakers and industry executives think that any broad copyright
legislation like the Boucher-Doolittle bill will have to wait until
after the Supreme Court rules on the Grokster case. Their ruling likely
will decide the copyright liability of P2P networks, and the losing side
is sure to ask Congress to undo the court's decision.
--
Manon Anne Ress
manon.ress@cptech.org,
www.cptech.org

Consumer Project on Technology in Washington, DC PO Box 19367,
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