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Lofgren Introduces BALANCE Act to Modify DMCA

Posted by michael on from the lobbyists-spring-into-action dept.

Infonaut writes "Rep. Zoe Lofgren (D - CA) introduced H.R. 1066, The Balance Act. It seeks to clarify 'that America's historic principles of fair use - protected under Section 107 of the Copyright Act - apply to analog and digital transmissions.' Apparently Lessig is on board, as are several associations and other organizations. If you like what you see, encourage your representative to support the bill."

1 of 297 comments (clear)

  1. Finally, a Congresscritter who "gets it" by Anonymous Coward · · Score: 5, Insightful

    I went ahead and read the article... not only does she seem to "get it," she also seems to be trying to put it into law in a relatively unintrusive way... by (a) extending some definitions, (b) codifying into written law some points long held in common law (e.g., those regarding fair use), and (c) definitively casting shrinkwrap licenses as unenforceable to the extent that they might be used to "take away" the Fair Use rights of consumers.

    It's a very well-written and fine-tuned attempt to swing the balance of copyright back toward the public again. It's not overreaching (as was the DMCA) and seems to be able to do only what it was intended to do - restore Fair Use - and no more.

    It also supports things like DeCSS by making legal the disemmination of tools to allow Fair Use to be exercised IF the copyright holders do not make such means availalbe. This is tantamount to telling the RIAA and MPAA and BSA (Business Software Alliance), "Fair Use is here to stay - so you'd best figure out a way to deal with this issue technologically right now (something they have been VERY reluctant to attempt), instead of beating it to death with legislation. You have your choice - you may choose to find a solution you like - but if you don't/can't/won't address the problem, someone else can now fix it for you whether you like it or not."

    Applause for Zoe! :)

    Now, I'm off to write my congresscritter - or perhaps (since her local office is right across the street from where I work), visit in person to make my views on this matter known.

    --Posted by myself.