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Rep. Boucher Outlines 'Fair Use' Fight
A reader writes "AtNewYork.com is reporting: U.S. Congressman Rick Boucher, moving to strengthen "fair use" provisions under federal copyright law, said he is introducing a bill that would essentially restrict the record industry from selling copy-protected CDs."
http://www.house.gov/boucher/ is his web site
and Ninthnet@mail.house.gov is his email address.
Most people would die sooner than think; in fact, they do.
I've always viewed it like this: when you get media, there is a "basic" license intrinsically and inseparably tied to that media. The basic license grants you certain rights, including but not necessarily limited to:
The official view of the courts is that if the transaction has the quality of a sale, then it isn't licensing at all (they've also pretty much said that everything that's happened in any consumer store thusfar has had the quality of a sale). Thus, if it "feels" like a sale, then you have, if nothing else, the right of resale, lending, and space shifting (these rights have all been ruled on).
The courts have not specifically ruled on any of the other rights *I* feel you have (that I know of), but (so far as I know) a pertinent case hasn't come up. It would seem pretty silly that you didn't intrinsically have the right to listen to a CD you've bought, though. And I'm also pretty sure that copying for archival purposes is protected by copyright law as well. So, 2 of my 4 are official, one is common sense, and, well, look # 4 up.
In any case, by the doctorine of first sale, the RIAA can't restrict by legal means the used CD market. Nothing has been said about technological means, though, and it sounds like Rep. Boucher wants to restrict the use of technology to limit such things.
Interesting note, but the doctorine of first sale stems from a case where a book publisher included a "EULA" in the front of their books, forbidding their sale on the secondary market. The court ruled that the interest of the publisher in that particular copy of a protected work ended after they sold it the first time, and that they couldn't limit what happened to it afterwards. So, by some stretch, there is precident for EULA's not having legal force.