Protecting Your DRM Rights

A reader wrote to say:"There's an article on SiliconValley.com that talks about a new bill in Congress that will, if passed, mean that consumers can copy CDs, DVDs and other digital works for personal use, just as they now do with TV shows and audio tapes."

Comments

Finally

[bucephalis]

Someone, somewhere in congress finally gets it!
btw, FP?

The ninth amendment protects you

[TomatoMan]

The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.

Unless they repeal the ninth amendment, we should be OK.

> I'd prefer to have the default be "of course we have this right, because it's not explicitly listed as a right that's not allowed".

That IS the default as I understand it. That doesn't mean that a law backing up and clarifying a grey area that's very much under assault from the other side is a bad idea. I'm all for it.

Zoe's summary of her bill

[geekotourist]

Here is the summary done by Zoe and staff. Late last month I heard a summary of this bill from a fair use expert. I don't have my notes with me. The big takeaway I got was that Zoe's bill *does* focus on consumer rights as "including, but not limited to, the ones listed in her bill" (my paraphrase). In other words, Zoe 'gets it' with respect to protecting consumers and Silicon Valley from the buggy-whip manufacturers down south.

From the press release summary:(I've added the bold...)

SECTION BY SECTION ANALYSIS OF "THE DIGITAL CHOICE AND FREEDOM ACT OF 2002"

SECTION 1: Designates the title as "The Digital Choice and Freedom Act of 2002."

SECTION 2: Lists factual findings.

SECTION 3: (a) Section (a) clarifies that America's historic principles of fair use - codified in section 107 of Title 17 - apply to analog and digital transmissions...

...Section (b) seeks to restore the balance by adding section 123 to Title 17. Section 123 allows lawful consumers to make backup copies of digital works, and to use digital works on preferred digital media devices. It further protects consumers by prohibiting non-negotiable "click-wrap" licenses that limit their rights and expectations...

SECTION 4: Today, when a consumer purchases a book, they are free to lend their copy to a friend or family member, or to sell their copy to a used books store. Section 4 allows consumers to do the same thing with digital content by extending the first sale doctrine...

SECTION 5: ..."As the House Judiciary Report accompanying the DMCA stated: "[A]n individual [should] not be able to circumvent in order to gain unauthorized access to a work, but should be able to do so in order to make fair use of a work which he or she has acquired lawfully."

Section 5 reaffirms this intent, while also providing needed flexibility for the copyright owner. Under section 5, a copyright owner is free to employ technical measures to protect his or her work. However, the copyright owner must ensure that those measures allow lawful consumers to make non-infringing uses of the work... Since most consumers do not have the expertise needed to circumvent such protections, Section 5 permits tools if they are designed, produced and marketed to help consumers make non-infringing uses. Again, these tools are only permissible if the copyright owner fails to give consumers a choice by restricting legitimate uses without providing any solution for the legitimate user.

U.S. Senate can voice vote

[yerricde]

The Senate ALWAYS votes by roll call on legislation.

Are you sure? According to the bottom of this page, the U.S. Senate can voice-vote on a bill just like the House.

The Constitution also provides that one-fifth of the Senators on the floor (assuming that a quorum is present) can demand a rollcall vote ... The alternative to a rollcall vote usually is a voice vote in which the Senators favoring the bill or amendment (or whatever question is to be decided) vote "aye" in unison, followed by those voting "no." Although a voice vote does not create a public record of how each Senator voted, it is an equally valid and conclusive way for the Senate to reach a decision.

And because "a voice vote does not create a public record of how each Senator voted," it means that the bill didn't even have enough opposition (20%) to demand a roll call.