Copyrights

[Abramul]

My first question is what will this mean for indie studios (would it apply to music too?)

Second, if you channel surf during commercials, what then?

Third, do they plan on adding measures to permit enforcabilty?

 

Will add more...

 

And here's more.

MIT article on 'IPPA'

Slashdot Article

 

A miracle...5 Insightful first post!

[Slaiv]

I'm just saying... ;)

 

I agree, the RIAA can't handle reality - there's no way you can stop all of the piracy, no matter what you do [aside from killing the internet.] As Brian Clevinger has said:

 

Boy, I'm glad the various distribution industries that are threatened by the presence of the internet are adapting to today's technologies so they can continue to exist by coming into this new era of media that continues to empower the independent artist in ways no one had previously imagined possible. I mean, it would be a fool's errand to simply rely on business models and philosophies the success of which depend utterly on the idea that these methods of distribution are the only games in town.

 

Oh, wait. These companies are run by dinosaurs who'd rather close their eyes and wish away the incoming asteroid than evolve to survive the complete, irreversable changes that will be wiping them out.

 

Hey, good luck with that. If you need me, I'll just be over here on the cutting edge profiting without you with all these other independent artists. There's only more of us now than there has ever been and we're only growing in numbers every day while making it easier for newcomers to join our ranks. But, hey, keep throwing your ever-shrinking profit margin at the government in a desperate attempt to halt social evolution. I'm totally sure that'll make the internet go away and convince the rest of us that we need you again. Your current course is much smarter than finding a new niche to make your profits.

[Marxist ßastard]

What'd I tell you? Not only are they using that as a diversionary tactic, but they're also tacking on lots of completely unrelated material so that people just won't read it.

 

Somebody really wants this to go through. It could be that they're going to use the civil lawsuits to pull off an ad campaign... Let's see... We've got "piracy is a matter of national security," "the boy next store that used KaZaA to download an MPEG of Troy is a terrorist," "all pirates are hackers," and "terrorist hacker pirates killed your grandmother."

 

They must be working up to a "piracy means higher taxes" message.

[Abramul]

Hold on...I thought hackers were good?

 

The official site, with a complete PDF file of Title 17 (1.4 MB)

>U.S. Copyright Office - Copyright Law of the United States and Related Laws Contained in Title 17 of the United States Code

§ 107. Limitations on exclusive rights: Fair use38

 

Notwithstanding the provisions of sections 106 and 106A, the fair use of a copyrighted work, including such use by reproduction in copies or phonorecords or by any other means specified by that section, for purposes such as criticism, comment, news reporting, teaching (including multiple copies for classroom use), scholarship, or research, is not an infringement of copyright. In determining whether the use made of a work in any particular case is a fair use the factors to be considered shall include —

 

(1) the purpose and character of the use, including whether such use is of a commercial nature or is for nonprofit educational purposes;

 

(2) the nature of the copyrighted work;

 

(3) the amount and substantiality of the portion used in relation to the copyrighted work as a whole; and

 

(4) the effect of the use upon the potential market for or value of the copyrighted work.

 

The fact that a work is unpublished shall not itself bar a finding of fair use if such finding is made upon consideration of all the above factors.

 

EDIT: Forgot a link. H.R. 5522

SEC. 5. PERMISSIBLE CIRCUMVENTION TO ENABLE FAIR USE AND CONSUMER EXPECTATIONS.

 

      Section 1201 of title 17, United States Code, is amended--

 

            (1) by redesignating subsections © through (k) as subsections (d) through (l), respectively; and

 

            (2) by inserting after subsection (B) the following:

 

      `© CIRCUMVENTION FOR NONINFRINGING USES- (1) Notwithstanding any other provision in this title, a person who lawfully obtains a copy or phonorecord of a work, or who lawfully receives a transmission of a work, may circumvent a technological measure that effectively controls access to the work or protects a right of the copyright holder under this title if--

 

            `(A) such act is necessary to make a noninfringing use of the work under this title; and

 

            `(B) the copyright owner fails to make publicly available the necessary means to make such noninfringing use without additional cost or burden to such person.

 

      `(2) Notwithstanding the provisions of subsections (a)(2) and (B), any person may manufacture, import, offer to the public, provide, or otherwise make available technological means to circumvent a technological measure that effectively controls access to a work protected under this title or protects a right of a copyright holder under this title, if--

 

            `(A) such means are necessary to make a noninfringing use under paragraph (1)(A);

 

            `(B) such means are designed, produced, and marketed to make a noninfringing use under paragraph (1)(A); and

 

            `© the copyright owner fails to make available the necessary means referred to in paragraph (1)(B).'.

Unfortunately, it looks as if HR 5522 may have died, but yay for Calif. Representatives!

[Malchik]

Freedom to not look at what you aren't interested in is surely part of US law. Indeed Americans are very good at not seeing what they don't want to see! You'd have so many legal challenges it wouldn't work even if they did pass the law! Is it backed by the lawyers? There'll be a lot in it for them!