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Will Copyright Law Kill Your Computing Habits


Three years after its passage, the Digital Millennium Copyright Act is still making people wonder if they are getting the right kind of protection for the right reasons.

The intent was not to turn digital technology users into criminals for making backup copies of MP3 files. In fact, one of the DMCA’s sponsors, Representative Rick Boucher (D-Virginia), wants to amend the law to balance the “fair use” rights of consumers with the protections afforded copyright holders.

“What the DMCA does is try to outlaw burglar tools,” Boucher says. “Hammers and saws and wrenches have many legitimate purposes and should not be outlawed. The same should be said about advanced technology.”

The DMCA prohibits the manufacture and distribution of devices that circumvent electronic “locks” on digital programs. The idea of stopping thieves from stealing copyrighted material is laudable, but Boucher says the law tramples on consumer rights.
When Is It Criminal?

“My proposal will be that the only time circumvention is criminal is when it is for the purpose of infringing copyright,” Boucher says. “When it is for exercising fair use rights or other benign purposes, then acts of circumvention aren’t involved.”

Making personal copies of legitimately purchased programming (digital music, for example) to use on portable devices or to play on multiple PCs or at different locations would fall into the “fair use” category. But the act of making those copies can be thwarted by manufacturers who scramble their recordings or otherwise impede the ability of purchasers to make clean copies. And they’re starting to do just that.

Developing and using technology to circumvent those electronic security measures is prohibited under the law, no matter how that technology may be used.

Producers of DVD movies and videotapes use anticopying technology to prevent duplication of their material; apparently some record companies have started to do the same thing with CDs, according to an Associated Press report.

More : pcworld.com



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