But can the FAIR USE Act deliver? A cursory investigation suggests that the bill won't make much of a dent in the DMCA. In its present form, the FAIR USE Act is effectively a watered-down version of Boucher's DMCRA...

The DMCRA would have made any "fair use" of digital goods legal, regardless of anti-circumvention laws. The FAIR USE Act does not provide this, as it was a major sticking point with the content industry.

If passed, the FAIR USE Act will amend the DMCA to codify recent exceptions granted to the anti-circumvention rules by the Register of Copyrights, which include some allowances for obsolete technologies and cell phone unlocking.

Yet again, the bill does not appear to deliver on what most observers want: clear protection for making personal use copies of encrypted materials. There is no allowance for consumers to make backups of DVDs, to strip encryption from music purchased online so that it can be played anywhere, or to generally do any of the things that the DMCA made illegal in one fell swoop.

The bill does seek to place limits on statutory damages stemming from infringement, including contributory infringement, inducement of infringement, vicarious liability or other indirect infringement. In doing so, the bill will seek to codify the law regarding inducement and contributory infringement to ease fears among technology companies stemming from the fallout of MGM v Grokster.