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ARSCLIST  November 2004

ARSCLIST November 2004

Subject:

Re: Copyright Alert

From:

Aaron Luis Levinson <[log in to unmask]>

Reply-To:

Association for Recorded Sound Discussion List <[log in to unmask]>

Date:

Mon, 22 Nov 2004 15:27:05 -0500

Content-Type:

text/plain

Parts/Attachments:

Parts/Attachments

text/plain (225 lines)

Matt

Well I must respectfully disagree with you on that point.
As someone who makes their living off of IP I think that
the society has become far too cavalier in their attitude
toward rampant stealing and directly profiting from the hard work of 
others.

Aaron L. Levinson
On Nov 22, 2004, at 1:52 PM, Matt Bailey wrote:

> Well, it's just my personal opinion, but I think sending someone to
> federal prison for videotaping a movie in a theater is a little harsh.
>
> Matt
>
> Aaron Luis Levinson wrote:
>
>> What was the obnoxious legislation that was NOT stripped out?
>>
>> aaron
>> On Nov 22, 2004, at 1:26 PM, Matt Bailey wrote:
>>
>>> Alas, the bill already passed this weekend. Thankfully, most of the
>>> really obnoxious legislation was stripped out:
>>>
>>> http://www.publicknowledge.org/pressroom/pressrelease.2004-11
>>> -22.6500991518
>>>
>>> November 22, 2004
>>>
>>> For Immediate Release
>>> Contact Info
>>>
>>> Art Brodsky
>>> Communications Director
>>> Public Knowledge
>>> [log in to unmask]
>>> office: (202) 518-0020 x103
>>> cell: (301) 908-7715
>>>
>>> Background: The Senate late in its weekend session passed by 
>>> unanimous
>>> consent S 3021, a shorter version of the omnibus copyright 
>>> legislation
>>> (HR 2391) that had been introduced earlier in the session.
>>>
>>> Statement of Gigi B. Sohn, president of Public Knowledge:
>>>
>>> Consumers won a major victory when the Senate passed legislation
>>> removing the most egregious elements of the omnibus copyright bill 
>>> that
>>> had previously been under consideration. We strongly support the  
>>> version
>>> of the Family Movie Act, included in the bill, which gives families  
>>> more
>>> control over how they watch movies and television, preserving the 
>>> right
>>> to skip over commercials. The bill will benefit consumers, both in  
>>> their
>>> entertainment choices now, and from the innovation in technology that
>>> will result in coming years.
>>>
>>> We are also pleased that HR 4077 was dropped from the bill that 
>>> passed.
>>> That legislation would have lowered the standard for copyright
>>> infringement. The Senate also wisely removed the PIRATE Act, which  
>>> would
>>> have made the government the entertainment industry’s private law 
>>> firm
>>> at taxpayer expense.
>>>
>>> The Senate should also be commended for including in the bill
>>> legislation helping to preserve orphan works and reauthorizing the
>>> National Film Preservation Board. These features of the bill are
>>> important steps in preserving our nation’s culture. We look forward 
>>> to
>>> working with Congress in coming sessions to make further progress in
>>> advancing consumer interests and preserving copyright balance.
>>>
>>> A copy of the bill is available at:
>>> http://www.publicknowledge.org/pdf/S3021.pdf.
>>>
>>> Matt
>>> --
>>> Matt Bailey
>>> Audiovisual Archivist
>>>
>>>
>>>
>>> Tim Brooks wrote:
>>>
>>>> Copyright Alert
>>>>
>>>> Everyone should know about three pieces of legislation which 
>>>> copyright
>>>> holders are trying to push through the lame duck session of the
>>>> current U.S.
>>>> congress before it adjourns for the holidays.
>>>>
>>>> The "Database and Collections of Information Misappropriation Act"
>>>> (HR 3261)
>>>> would for the first time grant copyright protection to facts
>>>> contained in
>>>> databases.  It is being pushed by some large directory publishers.
>>>> This would put
>>>> a lot of discographers out of business, not to mention comparison
>>>> shopping
>>>> sites, and fact-gathering aids of all kinds.  The "Induce Act"
>>>> (S.2560) would
>>>> make it a crime to "induce" someone to violate copyright, even if
>>>> that person
>>>> was not under your control or the violation was unknown to you. This
>>>> might well
>>>> shut down this chat list.  Fortunately there is significant
>>>> opposition to both
>>>> acts.
>>>>
>>>> A bill given a much better chance of passing is the "Intellectual
>>>> Property
>>>> Protection Act" (HR 2391), an omnibus bill that gathers in once 
>>>> place  a
>>>> Christmas tree of goodies for media companies.  It would limit how
>>>> libraries can  make
>>>> available copyrighted material, restrict fair use, and even make it
>>>> illegal
>>>> to skip commercials on video recordings!  There is a lot of good
>>>> information on
>>>> these bills at www.publicknowledge.org , which I highly recommend,
>>>> including
>>>> a suggested letter you can send to your congressman (see below).  If
>>>> politicians don't hear from us when these kinds of bills come up
>>>> they  stand a much
>>>> better chance of passing.  I'm told the 1998 Copyright Term
>>>> Extension  Act (which
>>>> keeps old recordings out of the public domain until 2067) was passed
>>>> by voice
>>>> vote at midnight!
>>>>
>>>> Here's their proposed letter:
>>>>
>>>> I write to you today to ask that you oppose the omnibus 
>>>> "Intellectual
>>>> Property Protection Act," both as a whole and in its parts, and ask
>>>> that you not
>>>> allow it to come to the floor for a vote.
>>>>
>>>> I believe that intellectual property plays a critical role in the
>>>> United
>>>> States as a means of fostering both artistic expression and
>>>> technological
>>>> innovation.  However, the IPPA, which is comprised of a number of
>>>> individual bills,
>>>> contains provisions that may harm my long-established rights as a
>>>> legal user of
>>>> content.  Additionally, the bill may harm the development of new
>>>> technologies.
>>>>
>>>> There are a number of sections of the bill that particularly concern
>>>> me:
>>>>
>>>>     Title II:
>>>>
>>>> The Piracy Deterrence in Education Act (formerly H.R. 4077):  This
>>>> section
>>>> establishes "offering for distribution" as basis for criminal  
>>>> copyright
>>>> violation and "making available" for civil violation, regardless of
>>>> whether there is
>>>> any distribution or copying, let alone infringement.  This bill
>>>> drastically
>>>> lowers the standards for what constitutes a criminal copyright
>>>> violation.  The
>>>> standards are far too vague and could include as targets for
>>>> prosecution
>>>> material passively stored on computers or shared on networks.
>>>>
>>>> The ART Act (formerly S. 1932):  This is a bill that prohibits the
>>>> unauthorized use of a video camera in a movie theatre.  While I do
>>>> not support movie
>>>> bootlegging, I believe that under some limited circumstances the
>>>> public needs the
>>>> fair use protections granted under traditional copyright law, which
>>>> this bill
>>>> would eliminate.
>>>>
>>>> The Family Movie Act (formerly H.R. 4586): This bill was originally
>>>> intended
>>>> to protect the my right to use technology to skip-over and mute
>>>> parts  of a
>>>> movie that my family may find objectionable-- a proposition which I
>>>> fully
>>>> support.  Unfortunately, the broadcasting industry and Hollywood
>>>> added a section to
>>>> take away my right of skipping over ads in DVDs and recorded
>>>> broadcasts with a
>>>> TiVo like device.
>>>>
>>>>     Title III:
>>>>
>>>> The PIRATE Act (formerly S. 2237):  This bill would allow the 
>>>> Justice
>>>> Department to file civil suits against copyright infringers.
>>>> Especially with the
>>>> record profits that the media industry is making, it doesn't seem
>>>> appropriate
>>>> that I as a tax payer should have to fund a corporation's private
>>>> right of
>>>> action.  The Justice Department has even said it did not want this
>>>> authority.
>>>>
>>>> There is too much in "The Intellectual Property Protection Act" that
>>>> harms
>>>> market innovation and my rights as a consumer.  For the reasons
>>>> above, I
>>>> respectfully ask that you oppose H.R. 2391.
>>>
>>>
>>
>
> --
> Matt Bailey
> Audiovisual Archivist
>

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