"Fair Use" Is Getting Unfair Treatment

["Hamaker, Chuck" <cahamake@email.uncc.edu>]

Business Week online
MAY 14, 2002

COMMENTARY
By Stephen H. Wildstrom

"Fair Use" Is Getting Unfair Treatment

Two recent federal court rulings in Hollywood's favor could undermine
consumers' historical rights to use the content they buy
http://www.businessweek.com/technology/content/may2002/tc20020514_1528.htm
snip...the development of digital media and Big Media's attempt to
completely control it have destroyed the delicate equilibrium that is
copyright law.

In a May 8 ruling by U.S. District Judge Ronald M. Whyte in San Jose,
Calif., ...upheld the constitutionality of key provisions of the 1998
Digital Millennium Copyright Act (DMCA).  snip "Fair use of a copyrighted
work continues to be permitted...even though engaging in certain fair uses
of digital works may be made more difficult if tools to circumvent use
restrictions cannot be readily obtained," the judge wrote. "That is part
of the sacrifice Congress was willing to make in order to protect against
unlawful piracy...." The decision means that the criminal trial of Elcom
will continue. It's unlikely that the ruling will be challenged before the
trial is over, and then, of course, only if Elcom is convicted.  snip On
Apr. 26, Magistrate Charle Eick ordered SONICblue to modify the software
of all Replay TV 4000 digital videorecorders starting as soon as possible
(existing users would get the new software via a download) so that it can
collect and turn over to movie and TV studios detailed data on how
customers are using the devices. The studios are attempting to block the
sale of the Replay TV 4000, charging that its claimed ability to skip
commercials on playback and to transmit recorded programs to other Replay
TV 4000 units over networks violates their rights under the DMCA.

noted in: DIGITAL-COPYRIGHT Digest 91
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