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Lawmaker Revs Up Fair-Use Crusade
Posted by
CmdrTaco
on Thu Jun 16, 2005 01:00 PM
from the might-he-be-on-our-side dept.
from the might-he-be-on-our-side dept.
peipas writes "Wired News has posted an interview with Rep. Rick Boucher (D-VA). In it he defends his stance in support of fair use and against the DMCA and other measures sought by the entertainment industry. The interview also touches on universal broadband and the recent overturning of the broadcast flag."
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Politics: Fair Use Bill Introduced To Change DMCA 152 comments
An anonymous reader tips us to a Washington Post blogger's note that Representatives Boucher (D-VA) and Dolittle (R-CA) today introduced the FAIR USE Act to update the DMCA to "make it easier for digital media consumers to use the content they buy." Boucher's statement on the bill says, "The Digital Millennium Copyright Act dramatically tilted the copyright balance toward complete copyright protection at the expense of the public's right to fair use..." The Post failed to note the history. Boucher has been introducing this bill for years; here are attempts from 2002 and 2003. The chances may be better in this Congress. And reader Rolling maul writes in to note Ars's disappointment with the bill for leaving the DMCA's anti-circumvention provisions intact: "Yet again, the bill does not appear to deliver on what most observers want: clear protection for making personal use copies of encrypted materials. There is no allowance for consumers to make backups of DVDs, to strip encryption from music purchased online so that it can be played anywhere, or to generally do any of the things that the DMCA has made illegal."
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Lawmaker Revs Up Fair-Use Crusade
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Time for a Conference Call (Score:4, Funny)
Lossed vs. Spent (Score:2, Interesting)
Wow, refreshing to see a politician... (Score:2, Insightful)
Re:Wow, refreshing to see a politician... (Score:4, Interesting)
Boucher is not our hero... (Score:5, Insightful)
Re:Boucher is not our hero... (Score:4, Insightful)
Frankly, so what if "high-value television programming delivered over the air...[is] going to get recorded and uploaded to the internet" [TFA, 4]. It was delivered over the air. Couldn't just about anybody have recorded it anyway?
Re:Boucher is not our hero... (Score:5, Informative)
Yeah me too, so let me point out where you have an almost criminal misunderstanding as to what fair use is...
No I didn't realize that, but that may be because Fair Use rights only come into play when you don't own the copyright!! Fair Use is when you use a copyrighted work without having to ask permission from the copyright owner.
You can cite statutes all you want, but unless you know the case law behind it, you don't know what it has been interpreted to mean. For instance, did you know that the Supreme Court has held that "any individual may reproduce a copyrighted work for a 'fair use;' the copyright owner does not possess the exclusive right to such a use." SONY CORP. OF AMER. v. UNIVERSAL CITY STUDIOS, INC., 464 US 417 (1984).? I can tell that you didn't.
Did you even read what you cited? That is a list of "EXAMPLES", and the list is not exclusive. Again, if you did any research you'd find that there is no exhaustive list for "fair uses" nor is there any bright line test for what constitutes fair use. The factor that has the most weight to ascertain whether or not a use is a fair use is "was it for commercial purposes?". That's the biggy, so if you're using it for personal use (does that include sharing? we don't know yet) then it is more likely that your use is non-infringing, but even that is not dispositive.
OK, you just contradicted yourself. You said previously that you can't copy an entire work without infringing, but now you say that Fair Use has only been generally (read: not entirely) applicable to copies of whole works? As I said before, there is no bright line test for what is inringing or non-infringing, but it is entirely legal to copy an entire cd under the doctrine of fair use. Will saving a television show and sending it to Aunt Sally fall under the auspices of "fair use"? I don't know because the case isn't in front of me, but I do know that you are completely off-base to that unequivocally that doing so is an abolute infringing act.
I don't mean to sound harsh, but the next time you try to slap someone down, make sure your facts are correct and that you indeed know what you are talking about.
Who's on our side? (Score:1)
(http://www.collegecheapskate.com/)
Re:Who's on our side? (Score:5, Insightful)
Remember, intellectual monopoly rights are, in fact, monopoly rights and nothing else. They cause the same economic damage by diverting economic resources into inefficient organizations as any other monopolies.
Organizations that can fail to make a profit on a product that costs $10k to produce and will sell a million copies at $15 a pop shouldnt exist in a free market economy.
Restoring fair use rights? (Score:2)
(http://slashdot.org/)
Mixed up? (Score:4, Informative)
I think you mean Peer to Peer, not "File Sharing", which is one kind of P2P. Using Skype for internet telephony and downloading legit files from bittorrent are completely different things. The first is at risk from phone companies, the second is at risk from **AA organizations.
I made Fair Use of my friend's girlfriend... (Score:5, Funny)
But he's still all hung up about the whole issue. Jeez, some people are so narrow-minded. Guy's as bad as the RIAA. I guess I should be glad he isn't litigating.
Quick, Update the Diebolds! (Score:1)
A reversal in the Democratic and Republican roles. (Score:4, Interesting)
think so? (Score:5, Informative)
(http://fringles.blogspot.com/)
Individual assistance to those who otherwise may fall through the cracks.
Plus, both parties at this point seem to bow to their corporate masters rather than champion anything based on their ethical/moral considerations.
Re:A reversal in the Democratic and Republican rol (Score:5, Insightful)
(http://slashdot.org/)
I call BS.
Not since the 19th century has the republican party given hardly any thought to the individual rights or welfare of citizens.
I sure as hell dont remember hearing about the republican party being particularly active protecting civil rights of disenfranchised minorities during the sixties.
More accurately, Bouchers actions represent the type of actions that gave the Democratic party a reputation of being the champion of the 'little guy' in the first place.
Its too sad he is the exception rather than the rule, IMHO both the Republican and Democratice parties are essentially corporate whores these days.
Re:A reversal in the Democratic and Republican rol (Score:5, Informative)
(http://slashdot.org/)
Civil Rights Act of 1964:
House Republicans 138-34
House Democrats 152-96
Senate Republicans: 6 against
Senate Democrats: 21 against
Voting Rights Act of 1965
Senate Democrats: 47-17
Senate Republicans: 30-2
Civil rights Act of 1968
Senate Democrats: 42-17
Senate Republicans: 29-3
Re:A reversal in the Democratic and Republican rol (Score:4, Insightful)
(Last Journal: Monday August 20 2001, @10:08AM)
Re:A reversal in the Democratic and Republican rol (Score:5, Interesting)
(http://www.wynia.org/)
"Conservative" as a political label used to mean (among other things), that "the way things are" is good. That meant that conservatives tended to reject radical changes in policy, spending habits, etc. Combined with some of the only tax cuts EVER put forth during a "time of war" (during previous wars, like WWII, the upper tax bracket was increased to 90%, not dropped), the current set of conservatives in power are hard to describe as traditionally conservative. I've even heard some of these conservatives complain that people who are concerned about the current war aren't making the sacrifices needed during a time of war. Maybe if they hadn't exempted the wealthy from sacrifice, those folks would be complaining too.
Over time, the meaning of conservative has morphed into "morally uptight" and has more to do with a politician's stance on 2-3 social issues than on any sort of fiscal conservation.
So would you trade? (Score:2)
Boucher is a name everyone should remember (Score:1)
(http://www.viewtouch.com/ | Last Journal: Thursday September 29 2005, @12:09AM)
I just wrote to my congressman (Score:1)
Fair use is too scary to use. (Score:2)
(http://www.lightandmatter.com/)
A case in point is Wikipedia. Although there are images on Wikipedia that are there under fair use, it's highly discouraged. A big problem is that Wikipedia wants to be truly free-as-in-speech, and that means it has to be legal to distribute it commercially. For instance, if you look in this [wikipedia.org] article on South Africa, a lot of the photos from the apartheid era are used under a license that doesn't permit commercial use, and that's a big problem; Wikipedia has recently announced a policy of eventually getting rid of all such images. Fair use presents a similar problem: since commercial versus noncommercial use is one of the criteria for fair use, taking advantage of fair use may cause your project to be impossible to use commercially.
If I was dictator of the U.S., I'd shorten the copyright term to what it used to be for a long time: 28 years, renewable for another 28. That would be a much better balance between public and private interests. (Something like 95% of the stuff that was copyrighted in that era was not renewed.)
No To Government Broadband (Score:2)
I have been card-carrying Democrat since I turned 18, but sometimes I really hate Democrats. If the US is behind in broadband usage, well maybe that's because there are a lot of people in the US who do not need it. When people need it, then they will demand it enough to pay for it. If their dial-up connection is good enough for them, why do we need the government telling them that they are wrong? If somebody wants to move to somewhere very rural, well they are probably getting a lot financial benefits by doing this. No broadband is a potential part of this trade-off. Why is it the gov's job to provide them broadband? Is it also the gov's job to put a Cheesecake Factory or an Apple Store down the street from them too? Should that be a universal right as well?
oddly enough... (Score:2)
(http://www.ender.com/)
Distraction tactics (Score:4, Insightful)
Rather, he's there to maintain the fiction of balance, and the hope of possibility of change for the better through the established political process. By doing so, he siphons off efforts which would be better put towards forcing change through other means, AND provides an excuse for fans of the system to tell those who are violating the laws to just simmer down and work through the political process.
Remember, he voted for the DMCA.
Waterboy (Score:2)
(http://www.emarketingpartner.com/)
The same old BS (Score:3, Insightful)
That is PURE bullshit for one simple reason: Broadcasters ARE currently delivering "high-value" content in HD format "over the air"!!!! You can't say that broadcasters won't do something unless we take action, WHEN THEY ARE FUCKING DOING IT RIGHT NOW!!!
That bullshit lie is just a ploy to get broadcast flags in place to make sure we have absolutely no fair use rights left.
I think Rep Boucher understands the issues but... (Score:3, Interesting)
Well I can see a couple of problems. First the music industry currently sells the entire CD as if each song had value. Unfortunately most albums have a couple of good songs bundled with crap. Twenty songs for fifteen bucks sounds reasonable but fifteen bucks for two songs doesn't. Never mind that eighteen of the songs are unwanted.
Allowing people to pay only for the content that they really wanted would only be possible, from a corporate point of view, if the content industry could be sure that a few legitimately purchased copies would not be given away to the masses thus reducing their profit. This might be possible with the use of DRM. However DRM, if unchecked, could completely destroy fair use. If a corporation can eek out even a little profit by denying consumers their fair use rights they will. It's in the corporate nature to do whatever increases their profit margins.
"Do I have sympathy for them? Not when they're clinging to a relic and when that's getting in the way of making good current business decisions.... They can make a fortune if they do that."
I'm not sure which "good current business decisions" Rep. Boucher is talking about. I would like to think that making their content available at a reasonable price would be wildly profitable for the music industry while giving consumer's value for their dollars. The model is, however, largely untested and counter intuitive. Remember that corporations want profit. The more the better. If they can sell their product while grossly over pricing that product all the better. In a normal market supply, demand and competition keeps prices bearable for the consumers. It is only when the economic environment can be controlled that corporations can get away with grossly inflated pricing. Many times this can occur if a corporation can obtain some kind of monopoly, mostly through the use of copyrights, patents or laws tailored for this purpose.
The business model that I think Rep. Boucher is talking about would threaten the monopoly that the recording industry has on distribution and is therefore a very scary model for them, I'm sure.
At the end of the article Rep. Boucher seemed to be talking about cutting a deal with the MPAA. He suggests that he may support the broadcast flag if they support the Media Consumers' Rights Act.
"The circuit court for D.C. has invalidated broadcast flag rulemaking, saying that the FCC lacked statutory authority (to create the broadcast flag). Not surprisingly, the MPAA has now come to us and said, "We want you to legislate."
I don't think we are going to do that. I have been waiting for a long time for Hollywood to come to us and say, "Here's something we want" because there is something I want. And it's called the Digital Media Consumers' Rights Act."
I haven't read the Digital Media Consumers' Act but I'm smart enough to know that many times the name can be deceiving. For example the "Patriot Act" which is anything but patriotic if one would take the time to actually read it. I also know that legislation that start out good can be perverted at the last minute by congressmen who are not acting in the public best interest.
Call me a radical but I think we should legalize the killing of lawmakers who act against the public interest. Not random killing, of course. What we should do is have a vote every five years or so for the politician that has done the public the most harm and then take that person out into a public square and hang him/her by the neck until dead. Just a thought.
Defending Fair Use (Score:3, Insightful)
To defend the concept of the Public Domain, you have to be against insane copyright extensions.
To be against insane copyright extensions you have to not take money and favors from those seeking to kill the Public Domain through insane copyright extensions.
What did you say your job was again, Sir?
a few words about this kind of issue (Score:1, Interesting)
55 good men signed
IN CONGRESS, July 4, 1776.
The unanimous Declaration of the thirteen united States of America,
Steamboat Willie (Score:2)
Nice to see he thinks the right way, but Mr. Boucher should check his facts. Steamboat Willie [wikipedia.org] was created by Disney. The character was later renamed Mickey Mouse, but it is certainly their original creation.
For a far better example, compare Robert Louis Stevenson's Treasure Island [ukoln.ac.uk] and Disney's Treasure Planet [imdb.com].
We need to tell him, "thanks! now go to hell" (Score:2)
Why I voted against Boucher (Score:1)
I have a perspective most Slashdotters will never have, as I grew up in the county where Mr. Boucher's office is located. While he talks a great talk in favor of fair use rights, and thus makes all of us feel warm and fuzzy, you don't know the rest of the story. You don't know that the man with the silver tongue is only effective when it comes to doing just what it takes to get himself re-elected.
Virginia's "Fighting Ninth" district is composed of mainly tobacco farmers, coal miners, and blue collar workers. The public school systems there are for the most part, woefully inadequate. Every two years he strings along his constituants with ads of elderly people who endorse him because "When my Social Security claim was denied, I turned to Rick Boucher. He fought for my rights and got me my Social Security. He truly cares about all of us." Tobacco farmers proclaim what a great guy he is because he "fights" for them too.
Oddly enough, the local economy keeps getting worse and worse. People are losing their jobs, and there's nothing to keep the area's best and brightest students around when they get back from college. He votes the way he needs to to make his less-perceiving constituants think he cares about them by trying to preserve an economic base that is doomed to ultimately collapse, while doing nothing to move the region into the 21st century. I mean, heck, the area is at least 10 years behind the rest of the country in so many areas it's not funny. While trying to preserve tobacco farming and coal mining as the region's major economic base is unsustainable, it gets votes.
Oddly enough, most of the people in southwest VA are very religious, ultra-conservative Christians, who would be shocked at the way Mr. Boucher votes on the so-called "moral issues". But it's amazing what a person desperate not to lose his/her job in an area where finding another one is nearly impossible without any kind of skills or education will overlook if he/she foolishly thinks that voting for Mr. Boucher will mean 2 more years of employment. And when you can't read, or else don't read very well, it's far too easy to fall for the crafty lies of such a gifted speaker. Trust me, this man is the epitome of a slick politician. When you consider that (assuming others are correct) he voted for the DMCA, and given that he indicated that he has something the RIAA/MPAA want and they have something he wants, I'm willing to bet that all this talk is just a bargaining chip to get what he really wants--broadband for southwest VA. Most of his constituants probably don't even have computers, much less even $20/month to spend on broadband, but if he can get that for the voters, it will assure yet another term. Did anyone notice how he indicated that broadband is as essential to survival as electricity? (It's not) No, mark my words, this is all about deceiving the less-educated voter base into thinking he really cares about making their lives better, while ignoring the underlying causes of the region's economic woes. I am positive that his position will change as soon as it gets him what he really wants--2 more years in Washington. Just wait and see.
A new way to fight back (Score:2)
(Last Journal: Friday May 30 2003, @08:04PM)
Fairuseday (Score:1)
Re:Priorities (Score:3, Insightful)
(http://www.ceyah.org/~jandrese/ | Last Journal: Thursday September 13, @11:11AM)
"You gotta do what you can with what you got."
It is as true as it is ungrammatical.
Re:Priorities (Score:1, Informative)
Re:Priorities (Score:4, Informative)
Go look it up. The average American who is uninsured makes more than $50,000/year. That is enough to buy perfectly adequate health insurance.
It is not enough income to drive a 7 series BMW, live in a large house overlooking the ocean, eat out at gourmet restaurants twice a week, send the kids to private school *and* buy health insurance, however.
You've just got to decide what's important.
Certainly you don't think I should be paying for the health insurance of those who'd rather drive a more expensive car?
Re:Priorities (Score:2, Funny)
(http://www.darkdev.net/)
Re:Priorities (Score:2, Insightful)
Yuk another scat image (Score:2)
(http://skangers.tripod.com/ | Last Journal: Tuesday October 18 2005, @05:15AM)
Re:Priorities (Score:2)
(http://www.dylanbrams.com/ | Last Journal: Saturday September 01, @01:42PM)
This isn't an issue of the resources not really being there. It's more an issue of the free market having gone awry, and needing a correction which our country is apparently unable to accomplish.
Re:Priorities (Score:2, Insightful)
Mods On CRACK (Score:2)
Re:Priorities (Score:2)
Re:Priorities (Score:1, Offtopic)
'Universal' healthcare will cost trillions over the next few decades...I'm not saying we shouldn't do it...but it's a huge undertaking for sure. Telling the record companies where they can stick it costs virtually nothing to the American taxpayer...it only takes a politician with the cojones to do it.
Re:Priorities (Score:2)
(http://slashdot.org/~Spy+der+Mann/journal/ | Last Journal: Thursday November 15, @12:57AM)
Re:Priorities (Score:2)
(Last Journal: Friday November 16, @12:06PM)
Nor can you eliminate all diseases. The best you can do is produce vaccines to innoculate people from the current incarnation of said afflictions. However, thanks to evolution, the bugs will develop an immunity to our vaccines and become even stronger. This is already happening as witnessed by a few bugs which are resistant to all but the most toxic new antibiotics.
Diseases are actually a good thing. They help cull the herd by removing the weak and sick. This allows for the stronger to survive.
Imagine how many people would be on this planet if diseases were kept in check. We are already seeing the effects of an ever-increasing population on our water, food and resources supplies.
Regardless of whether you think I'm being a troll what I have said is truthful
P.S. To see some of the stories you've been missing, check out my journal.
Re:Douchebag (Score:1, Offtopic)
Real swift, aren't you? I mean, hell, by your logic (guilty by association), everyone in Iraq is guilty of murder just because their former President was.
Fuck you and your generalizations. I didn't vote for Bush, I sure as hell didn't support the war, and I definitely think we made a mistake (many mistakes, in fact). I did all of that, but I'm still 100% American - and proud of it. Again: Fuck you and your pathetic stereotyping. I thought the rest of the world was "smart" and we Americans were "dumb" - at least some of us can manage to differentiate between jackass politicians/talking heads and the individuals of a country.
Re:Priorities (Score:1)
Re:Douchebag (Score:1, Offtopic)
Dear People of Iraq:
We're sorry we supported Saddam. He turned out to be an asshole. To amend this, we have overthrown him and have returned control of your country to you. We hope our efforts, and the lives of our soldiers sacrificed, helps to set your country on the right path again. We deeply apologize for the travesty that backing Saddam resulted in and we are doing everything we can to amend the situation.
Sincerely,
The American People
Re:Priorities (Score:2)
(http://slashdot.org/ | Last Journal: Thursday February 21 2002, @04:37PM)
except, you know, parents.
Re:Priorities (Score:2)
This seems contradicted by longevity studies that trace the increased longevity directly to increases advances in healthcare.
With our increasing infant mortality here in the USA, it raises the question of exactly what you mean by "that grew up". But that doesn't take into account cardiac care. Unless you mean that, in the end, your grandparents without healthcare who died at 68 where healthier the last couple years (before heart failure), than those who lived to 80 (and died of cancer).
Re:Priorities (Score:1)
And here is why:
Hospitals give some kind of crazy ass discount to HMO insurance plans, but a regular non insured person gets their life fucked over by the same supposed caring professionals.
Gall Bladder removal for one person comes in at about thirteen thousand dollars (if you don't have it done a gallstone will kill you EOL). If you have HMO coverage, you pay whatever it took to get in the door (copy for emergency room for instance) and the insurance pays about three grand over that for the procedure.
Now remember how I said it was a thirteen thousand dollar operation? Where did the nearly ten thousand dollars go that is still owed to them? A line item on the invoice reads: insurance company discount 10,000.00
This is unacceptably fucked up beyond all belief.
IF I didn't have insurance I would magically cost ten thousand dollars more to treat?
That s the screwing and injustice of our world. The poor cant afford health care because the people who can afford health care are the ones getting insane discounts.
How can these so called doctors and health care professionals do this with any soul? Is chaotic evil the new American way?
I can only guess the next step will be to stop servicing the uninsured at all because it costs too much, maybe make the bill for above operation 10000000 dollars with a 9999999 discount for having insurance coverage.
Sorry for the rant but this just pisses me off to no end, because if for some reason I end up not being able to continue affording health coverage, I don't want to choose between food and medical bills.