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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."

10 of 315 comments (clear)

  1. Data CDs by papasui · · Score: 3, Interesting

    While the bill indicates that this will effect the music industry is there any clause that allows other companies in the computer industry to continue their copy-protection?

  2. I'll give the RIAA credit for one thing... by jerkychew · · Score: 3, Interesting

    I recently renewed my drivers license, and was asked if I wanted to register to vote. My first instinct was to decline, because I don't feel like I'm informed enough to make a good enough decision regarding my elected officials.

    I changed my mind, however, and registered. I'm glad I did. The whole mess with DRM has really opened my eyes to how much big business controls politics nowadays. Representative Boucher is a breath of fresh air in this soap opera, and I applaud his efforts.

  3. Damn owned politians! by The+Creator · · Score: 3, Interesting

    "I'm just a little perplexed to understand the rationale for this. There
    will be a very heavy cost that the industry will pay when copy-protected CDs
    are introduced," Boucher said.
    While conceding later that copy-protected CDs aren't against existing law,
    he said their introduction wouldn't even impact the music piracy the music industry is
    trying to stop. Instead, the move will "anger millions of their
    best-customers who have become accustomed of making copies [of CDs] for
    their own use,"


    Aha! so his legislating against copy protection to PROTECT the industry. Dammit when are we gonna get some politians who are on our side?

    On a more seriours note:

    which is allowed under "fair use" provisions of copyright law.
    He said he would introduce legislation that would essentially codify
    "fair use" provisions of copyright law (that have been implied but not necessarily guaranteed). He also wants to ease up some of the more copy-restrictive provisions of the 1998 Digital Milennium Copyright Act, whose pay-per-use provisions on copies he has criticized as a threat not only to "fair use," but to innovation, idea exchange, even First Amendment guarantees on free speech.
    ...It's like you don't even know what to say man... ...when they like... ...get it.

    --

    FRA: STFU GTFO
  4. Re:unfair restriction by Bruce+Perens · · Score: 4, Interesting
    My understanding, last time I met with Boucher, was that part of this is a truth-in-advertising bill. It would require that DRM-restricted material be clearly labeled as such. I haven't seen the text yet.

    I got to introduce Boucher and RMS.

    Bruce

  5. Re:unfair restriction by seaan · · Score: 4, Interesting
    I fail to see how it is a good idea to ban the sales of copy protected CDs.

    One simple reason, copy protected CDs make a mockery of the 1992 Digital Recording act. The RIAA already got the benefits (SCM added to DAT etc., blank media tax), and now they are trying to get away with not living up to their side of the bargain -- consumers have the right to make digital recordings of digitally recorded music.

    This is also the reason they should amend section K of the DMCA - the MPAA clearly broke the spirit of the deal. Both laws were written without anything to enforce the industry to live up to their side of the bargain, and they naturally want to fully exploit the law as it is currently written (I'll forgo detailing both industry's lack of ethics).

    Since both parties have clearly shown loopholes in the existing laws (making a killing in the process), it is time to close these loopholes and force them to observe their side of the bargain. What have you got against closing loopholes?

    PS: The subtext of this comment is a mock-libertarian stance, the record companies ought to be able to do what they want, and the market should deal with it. This ignores the fact that government regulations and rules are already very, very, involved (like the definition of copyright). This thinking that the current laws we have now are "natural", and the market can correct any problems with them is at best simplistic.

    I don't see why the poster does not remember libertarianism applies to individuals as well! The companies have already rigged the games with rules and regulations that take away individual rights. Where does he get off that this is a totally natural process. If you scrap the current copyright laws, and (somehow) manage to design them fairly, than I could appreciate a "let the market take care of it" stance. Meanwhile, I'm glad Rep Boucher is not waiting for this mythical time and is taking steps to close loopholes that rob the citizenry!

  6. license for 'that' cd by oliverthered · · Score: 3, Interesting

    If it were the case that they are selling you a license to listen to a particular CD(whithout the ability to backup) then the price of CD's is FAR TO HIGH.

    Did you know.....

    A major record lable(mgm) is withdrawing music in the UK charts~(elvis Vs JXL in order to increase the chart raiting of a new release(kiddy pop)

    Well here's the story

    --
    thank God the internet isn't a human right.
  7. BGM in Major record fix by oliverthered · · Score: 4, Interesting

    I don't know how this didn't make /. but BGM are apparently withdrawing stock of 'Elvis V JXL' (currently high in the UK charts) to boost a 'kiddie pop' record in the charts.

    --
    thank God the internet isn't a human right.
  8. Sweet. Now let's hope this works. by mesozoic · · Score: 3, Interesting

    I wrote Rep. Boucher a while back to tell him how pleased I am that a Congressman is finally standing up for consumer's fair use rights. While some have argued in the past that explicitly defining 'fair use' may open up some loopholes later down the road, as technology progresses, leaving it undefined right now makes it legal for the recording industry to continue to sandbag its customers.

    However, I've taken a look at what Boucher is proposing, and it's ambitious. It covers a lot of ground. Admittedly, these are topics that do need to be addressed, but the more you cram into one piece of legislation, the more ammunition you give its opponents. I worry that a select few pieces of this bill might face such strong opposition that the bill itself gets plowed into the dirt.

    Of course, I'm just being rationally pessimistic. I truly hope this goes through; it will be a step in the right direction.

  9. Comment removed by account_deleted · · Score: 5, Interesting

    Comment removed based on user account deletion

  10. A Supportive Open Letter To Congressman Boucher by Lethyos · · Score: 3, Interesting
    I figured one way to help this along would be to at least write in and voice my support. Here's a letter that I composed to him this evening...
    I read this article: http://www.atnewyork.com/news/article.php/1381471 this evening and learned about your move towards increasing fair use rights. I wanted to write and voice a show of support for this action!

    In recent years, media technologies have become increasingly advanced, with content spreading to more and more people through a variety of channels. With this progress, we have seen greed-driven corporations work hard to deprive consumers of fair use rights. Their lobbyists have pushed legislation like the DMCA that cripples technological development. Subtle mechanisms such as CD copy protection, CSS for DVDs, and so forth, limit legitimate consumers from using the content they rightfully own in legal ways. Recently, we have seen Microsoft rally corporate support for its Palladium initiative, which will stifle innovation and fair use with nearly unbreakable DRM technologies (not to mention shattering the choice of what software can run on new computers).

    All of this paints an image of a bleak future. While much effort is being put forth by advocates of freedom, little has been accomplished in blocking these attacks on fair use. It's exciting to see a law maker take a stand against assaults. While I live in
    <Insert Your State Here> it's still in my interests and the interests of many other people to support your cause. What is the best way that I - and perhaps others outside the state of Virginia - can support your bill?

    Thank you once again for your efforts!
    It may not be much, but it's a little bit. If a lot of people send in letters like this (and then actually follow up with money, time, whatever), it will produce a great message for Washington.
    --
    Why bother.