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."

Data CDs

[papasui]

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?

I'll give the RIAA credit for one thing...

[jerkychew]

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.

Damn owned politians!

[The Creator]

"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.

Re:unfair restriction

[Bruce Perens]

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

Re:unfair restriction

[seaan]

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!

license for 'that' cd

[oliverthered]

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 [bbc.co.uk]the story

BGM in Major record fix

[oliverthered]

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' [bbc.co.uk] record in the charts.

Sweet. Now let's hope this works.

[mesozoic]

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.

Re:Rights

[Sangui5]

I sort of intended my list to be a set of irrefutable minimums. So, it only included things that either a) there's explicit precendent for, or b) are utterly common sense. While I'd agree that your 4 are more complete and palletable to me, finding arguments to restrict them is easier.

I like to think about how the "intrinsic" license can interact with other, separate license agreements. The GPL, for example, somewhat assumes my 4. Nobody at the FSF is going to be mad at me if I use GPL software without agreeing to the GPL (although they'll be pissed if I redistribute it).

Consider some piece of commercial software with a EULA. I believe that I can refuse to accept the terms of the EULA, and use the software under the intrinsic 4. However, there may be some benefits to accepting the EULA (much as you must accept the GPL in order to copy GPLed software). Consider StarCraft. I'd be willing to admidt that use of the official BattleNet services is conditional on accepting the EULA. However, single player, LAN games, and games hosted on 3rd party sofware (bnetd) are, IMHO, fair game even without accepting the EULA.

Now, as to the validity of giving up any of the intrinsic 4 in exchange for extra rights, I don't know. That seems to me to be one of those things where the lawyers will tell you it's "very interesting" (lawyerspeak for $1000 a day plus expenses), and probably rightly so. I'd like to think that the intrinsic 4 are irrevokable and can't be signed away (just as you can't sign away the right to bring a malpractice suit against a doctor, for example). But it isn't as clear-cut to me.

Just some random musings.

Re:Rights

[Andrewkov]

Yeah, I've got thousands of dollars worth of tapes I bought over the years, which are basically useless now. They sound like crap compared to CD's, and I can't even play them in my car. Is it wrong for me to download these same songs and burn CD's so I can listen while I drive? Or will record companies sell me CD versions for the cost of the media (less the license cost which I already paid)? And now with copy protection, will I be able to buy a CD and play it on my computer while I work?

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[account_deleted]

Comment removed based on user account deletion

A Supportive Open Letter To Congressman Boucher

[Lethyos]

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.

Don't need copy protected media with a DRM OS.

[Anonymous Coward]

Gotta look at all the angles. If I was a paranoid conspiricy theorist, I would suspect that Boucher is a Hollings lapdog.

I would think that this is just throwing the criminal element (anyone who opposes Big Brother) a bone to distract them from the MIB coming over the back fence.

Re:A Bill?

[amRadioHed]

And when most all the music that is released comes on the copy protected format, then you are either giving in, or going without most music.

Unfortunatly, most of the copy protected cd's have trouble playing in computer and car players. Those are all I have for reading CD's, so even if I wanted to give in, I would still be without most of my music.

This is good news though. I would definatly vote for this guy if I could.