ECA Plans Games-Related DMCA Showdown

Gamespot is reporting that the Electronic Consumers Association (ECA) has picked its first legal fight since vowing to step up lobbying efforts. The organization is going head-to-head with the Electronic Software Association (ESA), a long-time backer of the Digital Millennium Copyright Act (DMCA), by coming out in favor of H.R. 1201 (also known as the Fair Use Act of 2007). "If it became law, the Fair Use Act would create a variety of exemptions to the DMCA's prohibitions on circumventing anti-piracy measures. The Fair Use Act would make it legal to bypass anti-piracy measures in a handful of situations, for personal archiving; for researching, critiquing, or reporting on works of substantial public interest (if that is the sole reason for the circumvention); or to skip commercial or personally objectionable content. It would also create an exemption in copyright law for people who make and distribute equipment used to bypass copyright protection (like modchips), provided the device 'is capable of substantial, commercially significant non-infringing use.'"

Comments

About time

[Marcion]

It is pretty sad that this law is even needed (researching, critiquing and reporting should never ever not be allowed), but it is passes then it will reduce some of the madness.

What about business archiving?

[t0qer]

Ok games related stub, but i'm going to use karaoke as an example since that's what I work with.

Karaoke fair use is a subject of hot debate between singers, KJ's (Karaoke Jocks) and karaoke manufactuers. Basically guys like me (1 man shows) are considered "commercial". Therefore fair use doesn't apply to us. This whole argument extends not just to karaoke, but music and gaming as well.

Ok from the karaoke anti-piracy agency faq.
http://www.karaokeantipiracyagency.com/faq.html

Am I allowed to make a copy of my discs for archive purposes?
This is one of the most confusing issues involving copyrighted music. It is also one of the arguments often presented by those who want to break the copyright laws. This entire issue revolves around the definition of the class of copyrighted material. By law, you are permitted to make an archive copy of "Software" class copyrighted material. However, music (including Karaoke CDGs) is part of the "Phonorecord" class of copyrighted materials. Archive copies are not permitted in this class. So, no, you may not make an archive copy of your Karaoke discs.

Some of the most prominent karaoke companies want to see the practice of PC based karaoke outlawed. Doesn't matter if you're pirating or not.

Now for a counterpoint from an IP lawyer.
http://ipjustice.org/wp/2007/02/22/karaoke_legal_myths/
TRUTH: While a commercial use weighs against fair use, copyright law permits copying a CDG disc in a number of commercial circumstances. Commercial use, does not by itself, determine if it is an illegal use.

I'm all for a new law that promotes fair use, but the one question I have in mind is will it protect guys like me. Will fair use extend to both personal and "Commerical".

Wake me when something happens...

[RingDev]

This bill has been "Referred to the Subcommittee on Commerce, Trade and Consumer Protection" for over 2 and a half years. Kudos to these guys for stepping up the lobbying, but call me when something actually happens.

-Rick

Copyright

[king-manic]

I was at a Librarian IT conference and attended a seminar on copyright. They brought up a good point that if the modern restrictions on copyright had existed at the advent of the printing press or even at the advent of the book, we would not have libraries.

Preservation and access to information is the primary concern of society. Copyright is a temporary concession granted to creators to enable wider spread of information. It has morphed into a tool to protect a particular business model. DRM is insidious because it impeded archiving attempts and the DMCA is even worse because it makes such circumvention illegal. The expiry of a copyright should also expire any protection the DMCA grants and the copy right should expire in a more sensible term then 99 years.

"Thus, no one shall do to Disney what Disney did to the Brothers Grimm." -Lessig

It should be notable that most creative works build on top of existing works, like how Disney drew a lot of content and inspiration from the brothers grimm. So the current culture of copyright severely impeded creativity.

So if we wish to preserve content or if we wish for more creativity, it's important to place more meaningful limitations on copyright and to view copyright for what it is intended to be not what corporate interest want it to be.

Nothing for ya in this bill

[RingDev]

From a layman's reading, it doesn't look like there is anything for ya in this bill. This bill doesn't do anything about clarifying what is or is not fair use, it only corrects the absence of legal use exemptions from the DMCA.

The bill has 3 primary parts. First is a requirement for retail packaging of DRM'd software (specifically music and digital books on CDs) to include a DRM warning label that identifies that the media contains a DRM security system and may not work in all players. Second is a requirement for a follow up report 2 years after the bill has been passed. And Third is the corrections to the DMCA. That part consists of:

(a) Scientific Research- Subsections (a)(2)(A) and (b)(1)(A) of section 1201 of title 17, United States Code, are each amended by inserting after `title' in subsection (a)(2)(A) and after `thereof' in subsection (b)(1)(A) the following: `unless the person is acting solely in furtherance of scientific research into technological measures'.

            (b) Fair Use Restoration- Section 1201(c) of title 17, United States Code, is amended--

                        (1) in paragraph (1), by inserting before the period at the end the following: `and it is not a violation of this section to circumvent a technological measure in order to obtain access to the work for purposes of making noninfringing use of the work'; and

                        (2) by adding at the end the following new paragraph:

                        `(5) Except in instances of direct infringement, it shall not be a violation of the Copyright Act to manufacture or distribute a hardware or software product capable of substantial noninfringing uses.'. -Rick

Personally objectionable content

[JustNiz]

Great! I find Personally Objectionable all the commercials, non-skippable FBI warnings, copyright notices and all the other crap you have to sit through before (or during) a movie on DVD or TV.

Re:Hellloooooo idiots, do you know who you are dea

[Just Some Guy]

we are gamers. we are people who have opinions, and we act on them.

I would be hard pressed to think of a less frightening scenario than pissing off a bunch of gamers.

Re:Hellloooooo idiots, do you know who you are dea

[WhatAmIDoingHere]

The truth is that Gamers are lazy. If we weren't, we'd be outside pretending to do what we do in video games.

If you can motivate a gamer to act they are a force to be reckoned with.

Re:DRM expiry

[Kjella]

Maybe there is:

What is mandatory deposit?
Mandatory deposit (17 U.S.C. section 407) requires the owner of copyright or of the exclusive right of distribution to deposit in the U.S. Copyright Office for the use of the Library of Congress two complete copies of the best edition within 3 months after a work is published. Copies of all works under copyright protection that have been published or distributed in the United States must be deposited with the Copyright Office within 3 months of the date of first publication. (See Copyright Office Circular 7d, Mandatory Deposit of Copies or Phonorecords for the Library of Congress, and the Deposit Regulation 202.19.) Electing not to register your copyright in the work with the Copyright Office does not exempt you from the mandatory deposit provision of the law.

We are a foreign publisher. Do we need to submit our publication to comply with the U.S. deposit requirement?
Yes. If you distribute your work in the United States, you are subject to the deposit requirements of the United States. These requirements apply to a work that is first published in a foreign country as soon as that work is distributed in the United States through the distribution of copies that are either imported or are part of an American edition. The deposit requirement is one copy.

Re:Hellloooooo idiots, do you know who you are dea

[UserGoogol]

Yeah, one of these days I need to get off my ass and start killing people for real.

Write your congressperson

[jhfry]

Here's what I wrote to mine:

Dear Sir,

As my congressional representative and fellow U of D Graduate, I would encourage your support for HR 1201: Freedom and Innovation Revitalizing U.S. Entrepreneurship Act of 2007.

This bill amends some serious issues in past legislation regarding the copying of copyrighted materials that include some form of copy protection measures.

It has always been a concern for the producers and publishers of audio, visual, print, and other copyright works that the public will violate their copyright and illegally distribute their product. Finally, in the "information age" technology exists which allow these copyright owners to attempt to protect their work.

History has shown, repeatedly, that these copy protection measures are not only inadequate, but can often cause limitations for legitimate use of the product. For example, I would like to create a "scratch copy" of my legitimately purchased DVD's for my children to use, or copy my music collection to my portable music player or computer.

Both of these actions are considered "fair use" by copyright law. But more recent laws, such as the Digital Millennium Copyright Act (DMCA), have made it illegal to bypass the copy protection measures that have become commonplace on modern media (CD, DVD, software, etc.).

Essentially, the bill I encourage you to support would decriminalize the act of bypassing these copy protection measures so that the copyrighted work might be used for legal purposes as defined by copyright law.

I realize that the copyright holders will argue that these measures prevent mass distribution (piracy) of the protected works. However, time has shown that these measures do not deter those interested in piracy and are easily bypassed. Therefore, the only thing they actually achieve is to prevent honest customers from using the product as allowed by fair use.

One example I would like to provide is one regularly faced by educators. If a teacher would like to create a multimedia presentation that includes clips from movies, songs, or even text from an electronic book (an use that is clearly allowed under copyright law), they must first bypass copy protection measures on all of their sources... an act which requires the use of software or hardware that is illegal to produce, distribute, and use. HR 1201 resolves this discrepancy.

Thank you for your time and efforts on behalf of myself and all of those you represent.

Truly,

Joe Fry

Grammer Nazi's have fun with this, the rest of you feel free to modify it and send it to your representative:

First get the +4 for your zipcode: http://zip4.usps.com/zip4/welcome.jsp
Then visit: http://www.house.gov/writerep/