Digital Millennium Copyright Act (DMCA) Reform (HR 1201) - P2P-Zone

Drakonix · 06-05-05, 02:25 AM

Those of us who live in the United States should consider supporting DMCA reform under HR 1201.

The following article was published by the Electronic Frontier Foundation. If you are a U.S. resident please consider using the EFF Action Center link below to indicate your support of this important consumer rights protection reform of the DMCA.

The Digital Millennium Copyright Act (DMCA) has been wreaking
havoc on consumers' fair use rights for the past seven
years. Now Congress is considering the Digital Media
Consumers' Rights Act (DMCRA, HR 1201), a bill that would
reform part of the DMCA and formally protect the "Betamax
defense" relied on by so many innovators.

HR 1201 would give citizens the right to circumvent
copy-protection measures as long as what they're doing
is otherwise legal. For example, it would make sure
that when you buy a CD, whether it is copy-protected
or not, you can record it onto your computer and move
the songs to an MP3 player. It would also protect a
computer science professor who needs to bypass
copy-protection to evaluate encryption technology.

In addition, the bill would codify the Betamax defense,
which has been under attack by the entertainment
industry through the "Induce Act" last year and the
MGM v. Grokster case currently before the Supreme
Court. This kind of sanity would be a welcome change
to our copyright law.

Last year we sent 30,000+ letters of support for the
DMCRA, and the bill got a hearing on Capitol Hill. It's
time to double that number - take action at the link
below, then urge your friends and family to support HR
1201, too!

Make your voice heard with the EFF Action Center:
http://action.eff.org/site/Advocacy?id=115
(Note: U.S. Residents Only)

Source:

EFFector Vol. 18, No. 14 May 5, 2005

A Publication of the Electronic Frontier Foundation
ISSN 1062-9424

Link: http://www.eff.org/deeplinks/archives/003536.php

Mazer · 06-05-05, 08:55 AM

Thanks for the heads up, Drakonix. Here's the letter I sent:

Quote:

Support HR 1201, and let Americans own the things they purchase

I am a Coloradoan who owns a large DVD collection, and I am writing to urge you to support the DMCRA, HR 1201. This bill addresses many problems stemming from the 1998 Digital Millennium Copyright Act (DMCA). Specifically, HR 1201 would ensure that I can't be prosecuted for disobeying the ridiculous "anti-circumvention" provisions of the DMCA as long as my use of the underlying copyrighted material is lawful. HR 1201 would allow people like me to make backups of lawfully obtained DVD's by removing the restrictions that protect DVD copy-protection rather than the movies they contain.

No DVD movie is sold in this country without a digital copy-protection scheme called Copyright Control System or CSS, a very weak encryption system that begs to be circumvented. The computer code that makes this possible is so simple it can be reduced to four lines of code short enough to print on a post card, but under the DMCA it's legally risky to do so. Not only is it illegal to use such a tool, it's also illegal to talk about how it works. HR 1201 corrects this problem. This is a long overdue reform to our copyright law, and I hope that we can go even further to legalize the tools that allow me, my family, and my friends to exercise our consumer rights, our fair-use rights, and even our free speech rights. For some even better language, please see last Congress' version of the DMCRA, H.R. 107.

In addition, the bill would codify the "Betamax defense," which has been under attack by the entertainment industries in the "INDUCE Act" last year and the MGM v. Grokster case currently before the Supreme Court. This is an example of good case law that can be turned into good legislative law. It would make it clear that a technology innovator will not be held responsible for every copyright infringement committed by his customers as long as the technology is capable of noninfringing uses. The Internet itself is such a technology. This rule is critical if innovators are to have the mandate and motivation to create the new technologies that make us all better off.

I urge you to address this important issue by becoming a co-sponsor of HR 1201. Thank you for your time, your research into the matter, and your leadership on the hill.

theknife · 07-05-05, 06:27 AM

Quote:

Originally Posted by Mazer

Thanks for the heads up, Drakonix. Here's the letter I sent:

nice letter Mazer....i did the generic one but i wish i'd read your letter first

Mazer · 07-05-05, 09:59 AM

Thank you. It's basically the original form letter interpreted in my own words. I was tempted to rewrite the whole thing but I didn't want to miss any of the points they covered. My guess is that congressmen look for two things when they sort their mail: one is the sheer number of opinions they get on a specific subject, and the other is the personalized views that they might be able to use as anecdotes if and when they get a chance to talk about it on the House floor. But if they don't get a combination of both then the issue might never get past the mail screeners to the congressman's desk. That's my theory anyway.

Drakonix · 07-05-05, 10:42 AM

I sent the generic one as well.

I think what is really important is that as many people as possible make their representatives aware that they are concerned about the issue.

What we don't want is the RIAA/MPAA to have the only or loudest voice in our representative's ears.

JackSpratts · 07-05-05, 02:39 PM

good letter mazer. i'll put it in next week's wir. since congress can't begin to read the volume of email (and spam) they receive and since they are a bit touchy about opening physical packages (like snail mail), i'm often told faxes and phone calls are the best way to get heard in washington short of going to their offices.

- js.

Mazer · 07-05-05, 11:03 PM

I seem to remember the EFF form said that letters would be both emailed and faxed so there's a good chance that Congress will pay some attention to them. Whether or not they'll agree is yet another matter.

Since my Representative is a Republican I toyed with the idea of comparing the anti-circumvention clause to gun control. Had he been a Democrat I probably would have taken a different approach, but there's gotta be some way to frame the issue to make it fit into either party platform. That's what they really care about, along with their own reputations. It's unfortunate that these issues are being handled by a House and Senate that are almost split down the middle because nonpartisan issues like these get ignored.

All I can say is that if your Reps. are Tom Delay, Roy Blunt, Nancy Pelosi, Steny H. Hoyer, James Sensenbrenner, John Conyers, Lamar Smith, or Howard Berman, make sure you write a letter to them because they're the party and committee leaders that get things done in the House and they're the ones that need to hear us the most. Next in importance would be the rest of the House Judiciary Committee, especially members of the Subcommittee on Courts, the Internet, and Intellectual Property. Just have a look at their hearing schedule and you'll see all kinds of issues that apply to people like us. If these people represent you make sure they hear you.

06-05-05, 02:25 AM	#1
Drakonix Just Draggin' Along Join Date: Apr 2000 Posts: 1,210	Digital Millennium Copyright Act (DMCA) Reform (HR 1201) Those of us who live in the United States should consider supporting DMCA reform under HR 1201. The following article was published by the Electronic Frontier Foundation. If you are a U.S. resident please consider using the EFF Action Center link below to indicate your support of this important consumer rights protection reform of the DMCA. The Digital Millennium Copyright Act (DMCA) has been wreaking havoc on consumers' fair use rights for the past seven years. Now Congress is considering the Digital Media Consumers' Rights Act (DMCRA, HR 1201), a bill that would reform part of the DMCA and formally protect the "Betamax defense" relied on by so many innovators. HR 1201 would give citizens the right to circumvent copy-protection measures as long as what they're doing is otherwise legal. For example, it would make sure that when you buy a CD, whether it is copy-protected or not, you can record it onto your computer and move the songs to an MP3 player. It would also protect a computer science professor who needs to bypass copy-protection to evaluate encryption technology. In addition, the bill would codify the Betamax defense, which has been under attack by the entertainment industry through the "Induce Act" last year and the MGM v. Grokster case currently before the Supreme Court. This kind of sanity would be a welcome change to our copyright law. Last year we sent 30,000+ letters of support for the DMCRA, and the bill got a hearing on Capitol Hill. It's time to double that number - take action at the link below, then urge your friends and family to support HR 1201, too! Make your voice heard with the EFF Action Center: http://action.eff.org/site/Advocacy?id=115 (Note: U.S. Residents Only) Source: EFFector Vol. 18, No. 14 May 5, 2005 A Publication of the Electronic Frontier Foundation ISSN 1062-9424 Link: http://www.eff.org/deeplinks/archives/003536.php __________________ Copyright means the copy of the CD/DVD burned with no errors. I will never spend a another dime on content that I can’t use the way I please. If I can’t copy it to my hard drive and play it using the devices I want, when and where I want, I won’t be buying it. Period. They can all take their DRM, broadcast flags, rootkits, and Compact Discs that aren’t really compact discs and shove them up their bottom-lines.

07-05-05, 10:42 AM	#5
Drakonix Just Draggin' Along Join Date: Apr 2000 Posts: 1,210	I sent the generic one as well. I think what is really important is that as many people as possible make their representatives aware that they are concerned about the issue. What we don't want is the RIAA/MPAA to have the only or loudest voice in our representative's ears. __________________ Copyright means the copy of the CD/DVD burned with no errors. I will never spend a another dime on content that I can’t use the way I please. If I can’t copy it to my hard drive and play it using the devices I want, when and where I want, I won’t be buying it. Period. They can all take their DRM, broadcast flags, rootkits, and Compact Discs that aren’t really compact discs and shove them up their bottom-lines.

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07-05-05, 09:59 AM	#4
Mazer Earthbound misfit Join Date: May 2001 Location: Moses Lake, Washington Posts: 2,563	Thank you. It's basically the original form letter interpreted in my own words. I was tempted to rewrite the whole thing but I didn't want to miss any of the points they covered. My guess is that congressmen look for two things when they sort their mail: one is the sheer number of opinions they get on a specific subject, and the other is the personalized views that they might be able to use as anecdotes if and when they get a chance to talk about it on the House floor. But if they don't get a combination of both then the issue might never get past the mail screeners to the congressman's desk. That's my theory anyway.

07-05-05, 02:39 PM	#6
JackSpratts Join Date: May 2001 Location: New England Posts: 10,017	good letter mazer. i'll put it in next week's wir. since congress can't begin to read the volume of email (and spam) they receive and since they are a bit touchy about opening physical packages (like snail mail), i'm often told faxes and phone calls are the best way to get heard in washington short of going to their offices. - js.

07-05-05, 11:03 PM	#7
Mazer Earthbound misfit Join Date: May 2001 Location: Moses Lake, Washington Posts: 2,563	I seem to remember the EFF form said that letters would be both emailed and faxed so there's a good chance that Congress will pay some attention to them. Whether or not they'll agree is yet another matter. Since my Representative is a Republican I toyed with the idea of comparing the anti-circumvention clause to gun control. Had he been a Democrat I probably would have taken a different approach, but there's gotta be some way to frame the issue to make it fit into either party platform. That's what they really care about, along with their own reputations. It's unfortunate that these issues are being handled by a House and Senate that are almost split down the middle because nonpartisan issues like these get ignored. All I can say is that if your Reps. are Tom Delay, Roy Blunt, Nancy Pelosi, Steny H. Hoyer, James Sensenbrenner, John Conyers, Lamar Smith, or Howard Berman, make sure you write a letter to them because they're the party and committee leaders that get things done in the House and they're the ones that need to hear us the most. Next in importance would be the rest of the House Judiciary Committee, especially members of the Subcommittee on Courts, the Internet, and Intellectual Property. Just have a look at their hearing schedule and you'll see all kinds of issues that apply to people like us. If these people represent you make sure they hear you.