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>From: Whitney Broussard <WhitneyATsmmmusiclaw.com>
>To: "'Sean Garrett '" <seanATlisten.com>,
> "''phoATonehouse.com' '"
> <phoATonehouse.com>
>Subject: pho: RE: Napster battle shifts to Capitol Hill (CNET)
>Date: Wed, 14 Feb 2001 01:08:44 -0500
>MIME-Version: 1.0
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>Precedence: bulk
>
>>>>>His sons are addicted, he said...
>
>>>>>[he continues] the most critical technology facing legislators "is
>protecting creativity...The question is, how do we cut that fine line
>between fair use and protection?'"
>
>Good point. Maybe if Tauzin's sons were prosecuted under the No Electronic
>Theft Act it would help him figure out where that line should be drawn.
>
>Here is a handy summary from the RIAA:
>
>http://www.riaa.com/Music-Rules-2.cfm
>
>There has also been specific legislation passed to more directly address
>digital concerns. The No Electronic Theft (NET) Act criminalizes sound
>recording copyright infringements occurring on the Internet regardless of
>whether there is financial gain from such infringements. A copyright is
>infringed when a song is made available to the public by uploading it to an
>Internet site for other people to download, sending it through an e-mail or
>chat service, or otherwise reproducing or distributing copies without
>authorization from the copyright owner. In civil cases copyright
>infringement can occur whether or not money was exchanged for the music, and
>in criminal cases there only needs to be a possibility of financial loss to
>the copyright holder or financial gain to the infringer. The NET Act defines
>"financial gain" as the receipt or expectation of receipt of anything of
>value, including receipt of other copyrighted works (as in MP3 trading).
>
>and
>
>http://www.riaa.com/Copyright-Laws-4.cfm#1
>
>The No Electronic Theft law (the NET Act) is significant because now sound
>recording infringements (including by digital means) can be criminally
>prosecuted even where no monetary profit or commercial gain is derived from
>the infringing activity. Punishment in such instances includes up to 3 years
>in prison and/or $250,000 fines. The NET Act also extends the criminal
>statute of limitations for copyright infringement from 3 to 5 years.
>
>Additionally, the NET Act amended the definition of "commercial advantage or
>private financial gain" to include the receipt (or expectation of receipt)
>of anything of value, including receipt of other copyrighted works (as in
>MP3 trading). Punishment in such instances includes up to 5 years in prison
>and/or $250,000 fines. Individuals may also be civilly liable, regardless of
>whether the activity is for profit, for actual damages or lost profits, or
>for statutory damages up to $150,000 per work infringed.
>
>-----Original Message-----
>From: Sean Garrett
>To: 'phoATonehouse.com'
>Sent: 2/13/01 8:33 PM
>Subject: pho: Napster battle shifts to Capitol Hill (CNET)
>
>
>Republican Billy Tauzin, the self-described "Rajun Cajun" from Louisiana
>who
>just took over as chairman of the House Commerce Committee, said he's
>seen
>up close what Napster can do. His sons are addicted, he said.
>
>"They tell me, 'Dad, don't you put that company out of business,'" he
>said
>Monday. But he has a direct response for them. "If every artist knows
>they'll sell one copy of their music" with copies then sent across the
>Internet, he says he asks his sons in return, "how many artists are
>going to
>continue to release their music?"
>
>------------------------------------------------
>Napster battle shifts to Capitol Hill
>By Patrick Ross
>Staff Writer, CNET News.com
>February 13, 2001, 11:05 a.m. PT
>http://news.cnet.com/news/0-1005-200-4807208.html?tag=prntfr
>
>WASHINGTON--In the wake of a federal appeals court decision that puts
>Napster even further on the defensive, the next battleground over
>digital
>downloading and its related intellectual property debate could occur in
>Congress, with a possible rewrite of a copyright law only 2 years old.
>
>Last year, the highlight of the Napster debate in Congress came when
>conservative Senate Judiciary Committee Chairman Orrin Hatch, R-Utah,
>explained to anti-Napster advocate and Metallica drummer Lars Ulrich
>that
>they were soulmates, as Hatch has recorded gospel albums. The debate
>will be
>more rigorous this year, however, as Congress no longer can count on the
>courts to protect copyrights while pleasing the millions of Americans
>who
>enjoy free downloads.
>
>At issue is the Digital Millennium Copyright Act, which detailed
>protections
>for content in the satellite and cable industries but left open to
>interpretation a great deal of intellectual property law regarding the
>Internet. This was partly intentional, but some members argued that the
>resulting ambiguity could lead to a rewrite. Others involved in
>authoring
>the act cautioned that change may not come quickly.
>
>"I would say that's not at all likely this year," said Rep. Robert
>Goodlatte, R-Va., co-chairman of the House Internet Caucus, referring to
>the
>movement of Napster-related legislation. Goodlatte and other members
>were
>attending an all-day conference on Capitol Hill sponsored Monday by
>Comdex
>and clearinghouse Web site TechIssues.net, the same day a federal
>appeals
>court in San Francisco signaled that Napster must shortly police its
>service
>for copyright violations.
>
>Goodlatte may find resistance on that position from his fellow
>co-chairman,
>Rep. Rick Boucher, D-Va., who late last year introduced a bill that
>could
>make some controversial online music services legal, which he hoped
>would
>generate a debate on digital downloading this year.
>
>Sympathy for downloaders has limits
>Republican Billy Tauzin, the self-described "Rajun Cajun" from Louisiana
>who
>just took over as chairman of the House Commerce Committee, said he's
>seen
>up close what Napster can do. His sons are addicted, he said.
>
>"They tell me, 'Dad, don't you put that company out of business,'" he
>said
>Monday. But he has a direct response for them. "If every artist knows
>they'll sell one copy of their music" with copies then sent across the
>Internet, he says he asks his sons in return, "how many artists are
>going to
>continue to release their music?"
>
>Tauzin believes Congress has an important role to play in sorting out
>intellectual property and copyright law in a digital world. "Along with
>online privacy and security," he said, the most critical technology
>facing
>legislators "is protecting creativity...The question is, how do we cut
>that
>fine line between fair use and protection?'"
>
>Newly elected Sen. George Allen of Virginia, who has assumed the
>chairmanship of the Senate Republican High-Tech Task Force, said the
>Napster
>issue was a hot topic at last week's task force meeting. The consensus?
>
>"We need to make sure copyrights are protected," said Allen, adding that
>the
>issue goes beyond Napster to the larger issue of piracy domestically and
>abroad.
>
>But Goodlatte said that before any action can take place, "we're going
>to
>want to see how this appellate decision actually works."
>
>"I think this decision will keep pressure on all of the parties to come
>together to find a way to do business together," he said, not just in
>music
>but in numerous intellectual property industries.
>
>Mitch Glazier, chief lobbyist for the Recording Industry Association of
>America, agreed.
>
>"Instead of the copyright holders dipping their big toes into the pool"
>to
>offer music online, he said, "they may jump in knowing they now have
>copyright protection...I think you'll see the acceleration of content
>being
>released regardless of legislation."
>
>Still, politicians ultimately answer to citizens, and the court decision
>Monday has left tens of millions of Napster members frustrated.
>
>"We'll be hearing from a huge number of Napster fans," Goodlatte
>acknowledged. But he said what he took away from the court decision is
>that
>"copyrighted material is valuable."
>------------------------------------------------------------------------
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