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Is 'Fair Use' in Peril?
Technology Review ^ | November 19, 2004 | Eric Hellweg

Posted on 12/29/2005 7:27:34 PM PST by HighWheeler

The far-reaching Intellectual Property Protection Act would deny consumers many of the freedoms they take for granted.

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Do you like fast-forwarding through commercials on a television program youve recorded? How much do you like it? Enough to go to jail if you're caught doing it? If a new copyright and intellectual property omnibus bill sitting on Congresss desk passes, that may be the choice you'll face.

How can this be possible? Because language that makes fast-forwarding through commercials illegal, no doubt inserted at the behest of lobbyists for the advertising industry, was inserted into a bill that would allow people to fast forward past objectionable sections of a recorded movie (and I bet you already thought that was OK). And thats but one, albeit scary, scenario that may come to pass if the Intellectual Property Protection Act is enacted into law. Deliberations on this legislation will be one of the tasks for the lame-duck Congress that commenced this week.

In a statement last month, Senator John McCain stated his opposition to this bill, and specifically cited the anti-commercial skipping feature: Americans have been recording TV shows and fast-forwarding through commercials for 30 years, he said. Do we really expect to throw people in jail in 2004 for behavior they've been engaged in for more than a quarter century?

Included in the legislation are eight separate bills, five of which have already passed one branch of Congress, one of which was approved by the Senate Judiciary Committee, and two of which have merely been proposed. By lumping all the bills together and pushing the package through both houses of Congress, proponents hope to score an enormous victory for Hollywood and some content industries.

Heres more of whats included: a provision that would make it a felony to record a movie in a theater for future distribution on a peer-to-peer network. IPPA would also criminalize the currently legal act of using the sharing capacity of iTunes, Apple's popular music software program; the legislation equates that act with the indiscriminate file sharing on popular peer-to-peer programs. Currently, with iTunes, users can opt to share a playlist with others on their network. IPPA doesnt differentiate this innocuous and Apple sanctioned act from the promiscuous sharing that happens when someone makes a music collection available to five million strangers on Kazaa or Grokster.

Not surprisingly, the bill has become a focal point for very vocal parties. In favor of the legislation are groups such as the Recording Industry Association of America, the Motion Picture Association of America, and various songwriter, actor, and director organizations. We certainly support it, says Jonathan Lamy, spokesperson for the RIAA. It includes a number of things to strengthen the hand of law enforcement to combat piracy. Intellectual property theft is a national security crime. Its appropriate that the fed dedicate resources to deter and prosecute IP theft.

Against the bill stand a number of technology lobbying groups and public-interest organizations. [IPPA] is a cobbled-together package to which Congress has given inadequate attention. It is another step in Hollywood and the recording industry's campaign to exert more control over content, says Gigi Sohn, president of Public Knowledge, a Washington, DC-based public interest group that aims to alert the public to fair use and consumer rights infringements, and fight those perceived infringements in Washington.

Anyone attuned to the machinations of Congress the last two years likely has become numb to the often overblown rhetoric on this issue. Both sides use hyperbole, usually in the form of calling a piece of legislation the death of an industry or the death of individual rights. The 1982 statement to a congressional committee by Jack Valenti, then head of the MPAA, that the VCR is to Hollywood what the Boston Strangler was to a woman alone still stands as the "ne plus ultra" of exaggerated claims. And civil libertarians havent met an affront that didnt equal a stake through the heart of individual rights. But IPPA demands attention not just from Hill watchers, but from regular individuals. In part because IPPA is such a broad, encompassing bill that could affect things as pedestrian as fast-forwarding a commercial, but also because with Senator Orrin Hatch a very Hollywood-friendly pol on his way out as the chair of the Senate Judiciary Committee, to be replaced possibly by Arlen Specter, many in the Hollywood community see this as an important, last chance to get their demands made into law.


TOPICS: Business/Economy; Culture/Society; Government; Miscellaneous; Technical
KEYWORDS: fairuse
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To: aligncare
I WILL take up arms!

When they pry my cold dead fingers from my remote control.

21 posted on 12/29/2005 7:49:54 PM PST by joshhiggins
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To: Jim Robinson

ROTFLOL... that one line uttered on the floor of the Senate would kill this thing...

...in saner times.


22 posted on 12/29/2005 7:52:15 PM PST by streetpreacher (If at the end of the day, 100% of both sides are not angry with me, I've failed.)
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To: joshhiggins; All

I am sure that I am a lawbreaker as I have been without a TV for 4 years now! Best descision we ever made damn idiot box wastes so much time


23 posted on 12/29/2005 7:53:10 PM PST by vrwc0915
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To: HighWheeler
The bathroom is too dangerous anyway, they should be outlawed with this bill too.

Particularly those with toilets that flush more than one gallon of water...oops, guess we've already legislated that issue as an environmental concern.

24 posted on 12/29/2005 7:53:10 PM PST by peyton randolph (<a href="http://clinton.senate.gov/">shrew</a>)
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To: A Citizen Reporter

In France they almost have eliminated the need for commercials by putting into law a TV tax. Anyone who has a television, (proved by purchase), is assessed an annual tax paid directly to the government. Around 150$
On the half hour there are a few however, and most can tell by the editing where the additional commercials were placed for broadcast in the States.


25 posted on 12/29/2005 7:54:41 PM PST by Sarah
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To: joshhiggins

"Skip a bath...Save a life"

"Friends don't let friends bathe"


26 posted on 12/29/2005 8:03:33 PM PST by aligncare (Watergate killed journalism)
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To: HighWheeler

Correction" Going into the bathroom after a man who has beans and franks for supper has "finished" up is dangerous...may well be a death sentence!


27 posted on 12/29/2005 8:13:18 PM PST by mdmathis6 (Proof against evolution:"Man is the only creature that blushes, or needs to" M.Twain)
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To: peyton randolph
It's hard to imagine that there is a part of the US Constitution that deals with...Quantity of Water Per Flush. How prescient the Founders were!
28 posted on 12/29/2005 8:14:48 PM PST by aligncare (Watergate killed journalism)
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To: HighWheeler
with Senator Orrin Hatch a very Hollywood-friendly pol on his way out as the chair of the Senate Judiciary Committee, to be replaced possibly by Arlen Specter

Great. Two senile old coots, who together don't have the intellectual horsepower necessary to plug in a VCR, are in the driver's seat.

The Republican Party is done, and needs to go the way of the Whigs.

29 posted on 12/29/2005 8:18:16 PM PST by Hank Rearden (Never allow anyone who could only get a government job attempt to tell you how to run your life.)
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To: Hank Rearden
I'm beginning to suspect that most of us vote for pubbies because we don't want the dems. And not necessarily because we like the pubs.
30 posted on 12/29/2005 8:24:05 PM PST by aligncare (Watergate killed journalism)
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To: Hank Rearden
Arlen Specter has been Chairman of the Senate Judiciary Committee for almost a year.

Who did you say was senile?

31 posted on 12/29/2005 8:41:57 PM PST by A Citizen Reporter
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To: joshhiggins
By the way...very funny and well crafted. I enjoyed your work. Thanks!
32 posted on 12/29/2005 8:43:08 PM PST by aligncare (Watergate killed journalism)
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To: aligncare
"I'm beginning to suspect that most of us vote for pubbies because we don't want the dems. And not necessarily because we like the pubs."
You got that right.
33 posted on 12/29/2005 8:47:59 PM PST by Old Seadog (Inside every old person is a young person saying "WTF happened?".)
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To: HighWheeler

Nice way to kill entertainment of the TV and movie sort. Next, there will be a law requiring US citizens to mandatorily watch 4 hours of TV per day.


34 posted on 12/29/2005 8:50:30 PM PST by Tench_Coxe
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To: aligncare
I'm beginning to suspect that most of us vote for pubbies because we don't want the dems. And not necessarily because we like the pubs.

Kind of like a choice of being slow-cooked or micro-waved.

35 posted on 12/29/2005 8:52:04 PM PST by 6SJ7
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To: HighWheeler

This is from a year ago. Is there an update?


36 posted on 12/29/2005 8:57:16 PM PST by Lancey Howard
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To: 6SJ7

Funny analogy! And so true.

I believe that the American people are conservative. I'm hopeful that eventually, through their participation, we will get a Conservative majority in American politics.


37 posted on 12/29/2005 9:02:26 PM PST by aligncare (Watergate killed journalism)
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To: Old Seadog

Whey you vote for the lesser of two evils you still get evil


38 posted on 12/29/2005 9:12:38 PM PST by vrwc0915
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To: HighWheeler

Keep zapping. They can't lock us all up, cna they?


39 posted on 12/29/2005 9:40:50 PM PST by TBP
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To: Jim Robinson
In the bill's fine print it says that if you need to leave the viewing area, you must do in on "your own time" - during the program.

I wonder if TiVo is gathering statistics on the prevalence of fast forwarding through commercials.

40 posted on 12/29/2005 9:44:45 PM PST by GregoryFul
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