Förderverein Informationstechnik und Gesellschaft

FC: Apple, Microsoft, Adobe, HP, Intel oppose bill fixing DMCA

------- Forwarded message follows ------- Date sent: Tue, 04 Mar 2003 18:13:51 -0500 To: From: Declan McCullagh <> Subject: FC: Apple, Microsoft, Adobe, HP, Intel oppose bill fixing DMCA Send reply to:

The Business Software Alliance's members, including those listed above, can be found here:

The text of Rep. Lofgren's bill (from last year, but appears to be the same):

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 ( and 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 ( 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 Representative Lofgren."


The Business Software Alliance ( 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,, 202-715-1558 Caroline Dietz,, 202-715-1532


FOR IMMEDIATE RELEASE CONTACT: Steve Adamske March 4, 2003 (202) 225-3072



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 that 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 solutions."

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 digital transmissions.


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 Lofgren.


************************** Steve Adamske Communications Director Rep. Zoe Lofgren

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