RE: A thought about H.R. 2281 - Anti circumvention

[JoAnne Deeken <djoanne@CLEMSON.EDU>]

I'm jumping in on an argument where I admitedly haven't read the actual
laws, but have been following the arguments here and elsewhere.  I haven't
been home since before NASIG, so forgive me if I'm reviving a subject that
the rest of you have let die. 

I'm a little concerned about the analogy of breaking and entering and fair
use.  I would much rather use the comparison to right of way on waterways. 
In some cases, Congress has said that a person can not restrict public use
of waterways even when the water passes through land owned by an
individual.  The land owner can not legally do anything to stop the use of
the waterway, but is perfectly within their rights in restricting access
to the land on both sides of it.  If the land owner obstructs the water
way with barriers, signs, etc, the public can and should remove such
obstruction.  In the same way, Congress has allowed the free access
(through fair use provisions) to some limited amount of information.  Now,
through blocking laws, the copyright owners are trying to restrict access. 
Why should it be illegal for us to knock down those barriers as long as we
are only exercising the legal rights granted to us?  As soon as we step
over the allowable limits, we can and should be prosecuted, but while we
stay within the boundaries of the law, we should be allowed free access. 

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JoAnne Deeken
Head, Acquisitions Unit
Clemson University
R.M. Cooper Library
Box 343001
Clemson, SC 29634-3001

V-(864)656-1114
F-(864)656-7156

djoanne@clemson.edu

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