RE: DMCA alternatives (RE: Clarification (RE: "Fair Use" IsGetting Unfair Treatment)

["Rick Anderson" <rickand@unr.edu>]

> Section 1201 assumes that if you circumvent technology
> you are a criminal even if you are exercising fair use.

But again, you could make the same argument about laws that prohibit
breaking and entering -- they assume that if you want to get into someone
else's house without permission, you must be a criminal.  But that need
not be so.  Maybe you need to use a phone, or maybe you just want to get
out of the rain.  There are a million innocent, non-criminal reasons to
enter someone else's house, but I think we probably all agree that it's
not a good idea to make breaking and entering legal.  Again: I'm not
saying this analogy is perfect.  But I'm still waiting for someone to
point out what's wrong with it.

> New legislation?  Look to Representative Boucher.  He plans to
> introduce a bill revising the DMCA to reaffirm fair use and allow
> consumers to play their lawfully acquired CDs on their computers
> and in their cars.

This sounds constructive.  Is the text of his bill available online?

> I completely understand the argument of copyright holders - they
> want perfect control. But I also know that that is not purpose of
> the copyright law.

I'm not sure that wanting legal protection from hacking is the same thing
as wanting perfect control.  But it certainly does mean wanting more
control than many of us want copyright holders to have.

-------------
Rick Anderson
Director of Resource Acquisition
The University Libraries
University of Nevada, Reno      "That wasn't a Freudian slip;
1664 No. Virginia St.              it was a Jungian slip."
Reno, NV  89557                       -- Dr. Katz
PH  (775) 784-6500 x273
FX  (775) 784-1328
rickand@unr.edu