 Polaris5All Hail, The Vulture From Van Nuys
join:2002-03-26
old RIA of A | reply to palmer_j_r
Re: Just Another Piece of Lame Legislation This post provides an interesting citation, but the provision falls way short, for 4 reasons:
1.) The language is legislative mumbo-jumbo. What is a "lawful use" anyway? Does that mean a consumer can record any program they want, on any device they choose? Or will the copyright holder make those determinations? "Broadcast flags" suggest that control will lie entirely with the holder.
2.) The CBDTPA is not the end all, be all of copy control/restriction legislation. Analogizing to the DMCA, NOTHING stops Congress from revisiting the issue at a later date, to pass legislation that takes away, or limits the consumer's right to copy video transmissions. For example, Congress could limit consumers to the right to copy analog transmissions on VCR, while prohibiting copies of HDTV transmissions on Tivo, without violating the language of that provision.
3.) This provision entirely ignores copyrighted audio products. Making a copy (such as a mix) of one's purchased music, is, or should be, entirely legal. The oversight appears to reflect the true purpose of the legislation, to assail 'file sharing,' rather than "promote high quality digital content leading to the consumer adoption of broadband Internet service and digital television products." There's plenty of content and an efficient distribution system. But it's not locked up.
4.) What we have here is a bill. This provision could be left out of its House counterpart, removed or altered in a Mark-up, or changed at a Committee reconciliation. With all those lobbyists and all that cash, you can count on it! |
