[Rumori] another ally?
Bob Boster
boster at pobox.com
Wed Apr 7 14:34:56 PDT 2004
"Electronics Makers, Holders of Copyright Fight Over 'Fair Use'"
Investor's Business Daily (04/06/04) P. A6; Seitz, Patrick
Consumer electronics makers and consumer advocates say fair use rights are
being eroded as new digital technologies emerge, such as HDTV. The movie
industry and other content owners are allied with Microsoft in enforcing
more strict copyright protection than was in place in the pre-digital
world. Content owners are seeking to control device manufacturers and
smaller companies such as 321 Studios, which is appealing a case brought
against it by movie studios. The DVD X Copy product in question allows
consumers to make copies of DVDs they own on their computer hard drive, but
federal courts in California and New York ruled the software violates the
1998 Digital Millennium Copyright Act (DMCA), which makes it illegal to
distribute tools circumventing copyright protections. DVD X Copy contains
DeCSS code that unscrambles CSS encryption used on DVDs. 321 Studios has
argued its product is legal under fair use rules established in 1981 for
VCR technology, and notes that copies made with its software are not
replicable and contain disclaimers. "The people who get screwed are the
next Hewlett and Packard, the next Steve Jobs, and the next TiVo," says
Electronic Frontier Foundation senior intellectual property attorney Fred
von Lohmann. Another battleground is HDTV, which the Federal Communications
Commission mandated must carry embedded broadcast flags that would limit
playback and recording of HDTV shows. Home Recording Rights Coalition
Chairman and Consumer Electronics Association head Gary Shapiro says the
entertainment industry is worried about peer-to-peer file sharing, but the
audio and video formats used for HDTV make shows too large to easily trade
online. Some legislators in favor of fair use protection have proposed the
Digital Media Consumers' Rights Act to counter previous legal
encroachments, including the DMCA.
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