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[FYI] (Fwd) FC: Apple, Microsoft, Adobe, HP, Intel oppose bill fixing DMCA
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Date sent: Tue, 04 Mar 2003 18:13:51 -0500
From: Declan McCullagh <firstname.lastname@example.org>
Subject: FC: Apple, Microsoft, Adobe, HP, Intel oppose bill fixing DMCA
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The Business Software Alliance's members, including those listed
above, can be found here: http://www.bsa.org/usa/about/members/
The text of Rep. Lofgren's bill (from last year, but appears to be the
The most important part of the Lofgren's bill (similar to one
introduced by Rep. Boucher) permits bypassing copy protection
mechanisms if the purpose is to "to make a noninfringing use."
Intel Corp. seems schizophrenic. It showed up at a press conference
last fall to endorse fixing the DMCA's anti-circumvention sections
http://www.house.gov/boucher/docs/107supportlist.htm) but it's a
paying member of a trade association that is opposing just that.
Naturally no trade association is going to adhere completely to what
all of its members want, but that's a pretty fundamental difference --
and Intel's name is included in today's press release, after all.
Hewlett-Packard seems equally schizophrenic, with an executive
recently criticizing (http://news.com.com/2100-1040-983518.html)
expansive uses of the DMCA's anti-circumvention sections. It's also
happens to be a member of the Business Software Alliance and is also
listed in the press release.
Subject: BSA Statement on Rep. Lofgren's Digital Copyright Bill
Date: Tue, 4 Mar 2003 17:54:02 -0500
Business Software Alliance Shares Rep. Lofgren's Objective, But
Opposes Proposed Copyright Legislation
Washington (March 4, 2003) - Business Software Alliance (BSA)
president and CEO Robert Holleyman today issued the following
statement on copyright legislation reintroduced by U.S. Representative
Zoe Lofgren (D-CA):
"The Business Software Alliance commends Representative Lofgren for
her continued leadership on technology issues, but we have critical
reservations about her approach and the changes to copyright law
proposed in the BALANCE Act of 2003, formerly the Digital Choice and
Freedom Act of 2002.
"Representative Lofgren's objective of ensuring that copyright laws
provide a proper balance between the interests of consumers and
copyright owners is shared by the BSA. However, we view the
legislation unveiled today as a vehicle that would ultimately weaken,
not strengthen, the important balance that was established under the
Digital Millennium Copyright Act [DMCA].
"The broad exemptions to the DMCA proposed by Representative Lofgren
would undermine the core purpose of the Act and violate the
protections that serve as the foundation of innovation and discovery
for legitimate copyright owners. In the digital age, broadly accepted
technological measures must be available and adhered to by consumers
and enterprises to curb piracy and its economic consequences.
"The technology industry has proliferated like no other industry due
to the rapid creation of new and innovative means of meeting consumer
expectations and enhanced productivity. And this legacy continues
even while consumer expectations expand with every new and conceivable
application of technology. Any weakening of the laws that promote
continued innovation and needed protections for copyright owners will
ultimately stifle industry growth and limit consumer choices.
"Of particular concern, provisions of this legislation allowing the
disablement of technological protection measures on copyrighted
materials would provide safe harbor for pirates who could easily claim
that the 'intent' of their actions were legal even if it resulted in
knowingly unlawful infringement and economic loss to copyright owners.
"We are also deeply troubled by the broad contract preemption
provisions of the proposed legislation. The bill would make a broad
array of licensing terms unenforceable under statutory and common law.
While the specific provisions do not apply to software, they apply to
the types of licenses now common in our industry, and thus would send
the wrong signal.
"We look forward to sharing our views on this legislation with
The Business Software Alliance (www.bsa.org) is the foremost
organization dedicated to promoting a safe and legal online world.
BSA is the voice of the world's commercial software industry and its
hardware partners before governments and in the international
marketplace. Its members represent the fastest growing industry in
the world. BSA programs foster technology innovation through
education and policy initiatives that promote copyright protection,
cyber security, trade and e-commerce. BSA members include Adobe,
Apple, Autodesk, Avid, Bentley Systems, Borland, Cisco Systems, CNC
Software/Mastercam, Entrust, HP, IBM, Intel, Intuit, Internet Security
Systems, Macromedia, Microsoft, Network Associates, Novell,
PeopleSoft, SeeBeyond, Sybase and Symantec.
FOR ADDITIONAL INFORMATION:
Doug McGinn, firstname.lastname@example.org, 202-715-1558
Caroline Dietz, email@example.com, 202-715-1532
RELEASE CONTACT: Steve
LOFGREN INTRODUCES LEGISLATION TO PROTECT CONSUMERS
RIGHTS IN THE DIGITAL AGE
Silicon Valley Congresswoman reintroduces BALANCE Act to respect
consumer rights and expectations
Washington, DC - Congresswoman Zoe Lofgren (D-CA) today
reintroduced legislation designed to protect consumer's ability to
enjoy purchased digital copies of books, music and movies. Lofgren's
bill, the Benefit Authors without Limiting Advancement or Net Consumer
Expectations, or BALANCE Act, gives lawful consumers the ability to
make personal uses of digital entertainment such as music, movies and
books. The bill recognizes that digital piracy will never be truly
solved until consumers are given an affordable, reliable, legitimate
and secure alternative.
"There is wide agreement to fight piracy, and it is something
needs to be stopped. But individual consumers are being denied their
legitimate rights in the digital age," said Lofgren. "We can solve
this problem, but lawsuits and locking down content are not the
Traditionally, copyright laws have tried to balance the interests of
copyright holders in the control and exploitation of their works with
the interests of society in the free flow of ideas, information and
commerce. This is sometimes referred to as "fair use." Lofgren seeks
to maintain that balance in the digital age by finding ways to prevent
and punish digital pirates without treating every consumer as a
criminal. Lofgren's legislation is calling for specific changes in
the Digital Millennium Copyright Act (DMCA).
"This legislation would ensure that consumers are able to buy content
that is compatible across platforms, thereby encouraging technological
development and competition," continued Lofgren. "Specifically, it
will allow consumers to make backup copies and display digital works
on their preferred digital media devices."
For example, Lofgren's bill will allow consumers to make copies of
purchased digital media for use in their car, computer or mobile
device. Lofgren ultimately believes her proposal will not only
benefit consumers, but will spur technological innovation and lead to
greater copyright protection. Specifically, the legislation:
o Clarifies that America's historic principles of fair use -
protected under Section 107 of the Copyright Act - apply to analog and
o Allows purchasers to make backup copies and display digital
works on the devices of their choice.
o Protects purchasers by prohibiting non-negotiable shrink-wrap
licenses that limit their rights and expectations.
o Clarifies that purchasers can sell or give away their copies
of digital works, just like they can with traditional hard media.
o Protects purchasers by permitting them to bypass technical
measures that impede their rights and expectations.
o Provides flexibility for content owners to develop new and
innovative ways to protect their content and enable lawful uses.
The BALANCE Act has wide support among leading academics,
including Professor Larry Lessig of Stanford Law School and Professor
Pamela Samuelson of Boalt Hall, consumer electronics, computing,
communications and Internet commerce companies, consumer groups, and
libraries. In addition, Congressman Rick Boucher is an original
cosponsor of the bill.
"This legislation will help all interested parties focus their eyes on
the ultimate prize, which is a robust digital marketplace where
digital rights management provides sufficient protection for content
owners, where the IT industry has the freedom to create new and
exciting devices and services, and where consumers are given a broad
array of lawful alternatives that are affordable, reliable, secure,
and respectful of their legitimate rights and expectations," said
Rep. Zoe Lofgren
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