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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."

3 of 297 comments (clear)

  1. Let's keep the rights of the artists in mind here by SubliminalLove · · Score: 5, Interesting

    I'm all for the government taking the technology that prevents me from making backup copies of games and music and reducing it to a pile of smoldering dung. Smoldering dung is, in my book, way cooler than an irreplaceable copy of Unreal 2003 that my sister rolls over with my computer chair (hypothetically speaking... grr...)

    But let's not forget that there are legitimate concerns about the pirating of software and music. It's not just the RIAA and other large organizations. The widespread pirating of software does, in fact, have the ability to cripple businesses that produce it. As I recall, the guys that made Thief made next to nothing on Thief 2 (and are no longer in business as a result), but everyone I knew had a copy.

    So I'm Asking Slashdot <dramatic music>: What should companies be doing to prevent the loss of income from pirating while leaving inviolate the right of the consumer to make copies of materials to which we own legal license?</dramatic music>

    I know, I know, we talk about this all the time, but I don't think anyone's offered a suggestion that would really work; this is a tough nut to crack.

    Peace,
    ~SL

  2. Fair use item transfer by robi2106 · · Score: 5, Interesting

    Interesteing reference in Section 4 of the legislation:

    SECTION 4:

    Today, when a consumer purchases a book, they are free to lend their copy to a friend, 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 - codified in section 109 of Title 17 - to digital transmissions. At the same time, it protects copyright holders by restricting such transmissions to a single recipient and requiring consumers to transmit their copies with copy-control restrictions in place. Consumers also have to get rid of their copy after they transmit the work to someone else.     (underline added by me)

    This is good, legal, and just. If only people would do that. Sure it is a pain to delete your copy when you lend it out, or to remember who has it and if they "gave it back" (by deleting their copy or by sending/ftping it back to you).

    The real important part of this law is the extension of the fair use to digital works, even if it shouldn't be obviously there by default. Having something expressly writting rather than implied is necessary.

    (Simpson's quote regarding illegal practices performed in international waters)

    "Over there is a ship re-broadcasting major league baseball with implied oral consent instead of express written consent."

    robi

  3. Re:Balance Act by cweber · · Score: 4, Interesting

    Per Zoe Lofgren's own summary , yes, you pretty much got it right.