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Boucher Presents 'Fair Use' Bill
Intel backs legislation while Valenti disapproves
(old news - 09:34AM Thursday Oct 03 2002)
tags: Fileswapping · legislation
Just a day after Rep. Zoe Lofgren presented her own 'fair use' bill, Congressman Rick Boucher has introduced complementary legislation. Boucher's bill would force copy protected CD's to carry a label, while attempting to defang some sections of the DMCA. The bill, while having the backing of companies like Intel, failed to impress Jack Valenti of the MPAA: "If this bill were to pass, it would render ineffective, worthless and useless any protection measure we would have in place to protect a $100 million movie… You could download a million movies a day, and no penalty for it."

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Forums » Boucher Presents 'Fair Use' Bill
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Foxbat121

join:2001-04-25
Herndon, VA

What MPAA really like...

is products like Divx player - you have to pay everytime you watch the movie. It's not about copyright. It's all about greed and power of control.
TheWickerMan

join:2002-04-09
Enola, PA

Re: What MPAA really like...

said by Foxbat121 See Profile:
is products like Divx player - you have to pay everytime you watch the movie. It's not about copyright. It's all about greed and power of control.
...and we all know what a HUGE success those things were!

tomkb
Premium
join:2000-11-15
Avon, OH
clubs:

So what

>>would have in place to protect a $100 million movie

So what, what about my right not to have to purchase your movie twice due to a defective dvd?? Fair use is fair use, change with the times or step aside for another to fill your place.

dnoyeB
Ferrous Phallus

join:2000-10-09
Southfield, MI

Re: So what

Thats funny. I was looking in the cover of one of my older CDs. If Im not mistaken it was Sade, Diamond Life. It has a label that said if the CD had any defects in workmanship, call this 800 number or write this address for a replacement!

Can you believe that!?
--
dnoyeB
"Then said I, Wisdom [is] better than strength: nevertheless the poor man's wisdom [is] despised, and his words are not heard. " Ecclesiastes 9:16
The government is pricing our rights our of our reach.

Go Chargers7
Fa Shizzle Ma Nizzle
Premium
join:2002-09-24
Huntington Beach, CA

Re: So what

said by dnoyeB See Profile:
Thats funny. I was looking in the cover of one of my older CDs. If Im not mistaken it was Sade, Diamond Life. It has a label that said if the CD had any defects in workmanship, call this 800 number or write this address for a replacement!

Can you believe that!?

Wonder if that warranty would apply to the content? That's the issue for traders. Let's say just for argument that people are willing to pay the high prices for CD's...should they have to buy, disc unheard, or will they get a refund if it sucks like we do when we buy a T.V. from Best Buy?
--
4 'n' 0 BABY...GO SD!

stet
Volitar Prime

join:2002-03-08
Warren, MI

If the DVD is truly defective, and not damaged by you, then return it to the store you got it from. If it's a bad run of discs then generally the producing company will do a replacement. Manga's recient release of "End of Evangelion" seems to be defective due to bad mastering on their end. It is expected that they will issue a press release soon explaining how the disc exchange will take place.

If you scratched the disc yourself then it's your own problem. Pre-DMCA free usage would have allowed you to make a backup of your new disc to use while keeping your original in a safe place. Personally I want this freedom back.

Of course free usage doesn't and never did mean you can make backups of your original for everyone else and mass distribute it.
--
Hey everyone! I'm a WEB HOG!
vic102482
Premium
join:2002-04-30
Upper Marlboro, MD

Exaggeration at its finest!

"If this bill were to pass, it would render ineffective, worthless and useless any protection measure we would have in place to protect a $100 million movie… You could download a million movies a day, and no penalty for it."

Even if the bill WERE to pass, where in the HE!L could you use fair use to protect yourself if you were cought downloading a bunch of movies that you never bought to begin with. See this is why lawyers have such a bad rep also, blowing things out of proportion.
--
I tie a rope around my penis and jump from a tree, don't you wanna grow up to be just like me!!!!
randysavage0

join:2002-04-16
Fayetteville, AR

Re: Exaggeration at its finest!

hey, don't hate the players

They're just seeing their own tactics used against them.... I think it's kinda funny actually. It's good to see atleast a couple people in Congress that can turn down money (or stab their donors in the back )

Hopefully the compromise isn't anywhere near the middle of the two sides.... we would get screwed.
vic102482
Premium
join:2002-04-30
Upper Marlboro, MD


Re: Exaggeration at its finest!

said by randysavage0 See Profile:
hey, don't hate the players

They're just seeing their own tactics used against them.... I think it's kinda funny actually. It's good to see atleast a couple people in Congress that can turn down money (or stab their donors in the back )


I dont think that there is anybody in congress that can turn money down, but BOY did you hit the nail on the head with that second suggestion;).
--
I tie a rope around my penis and jump from a tree, don't you wanna grow up to be just like me!!!!

[text was edited by author 2002-10-03 10:42:51]
Beeper
Part Of The Problem

join:2001-09-27
Dayton, OH
clubs:

said by randysavage0 See Profile:
It's good to see at least a couple people in Congress that can turn down money (or stab their donors in the back )

Here you can find who donates to what candidate.

»www.opensecrets.org/

RICK BOUCHER (D-VA)
Top Contributors
1 VeriSign Inc $11,375
2 American Bankers Assn $10,000
2 Exelon Corp $10,000
2 Machinists/Aerospace Workers Union $10,000
2 National Auto Dealers Assn $10,000
6 Verizon Communications $9,500
7 MBNA Corp $8,000
7 SBC Communications $8,000
9 Laborers Union $7,500
10 Assn of Trial Lawyers of America $6,000
10 BellSouth Corp $6,000
10 Patton Boggs $6,000
10 Southern Co $6,000
14 El Paso Corp $5,500
14 Travelocity.com $5,500
16 American Electric Power $5,000
16 Cmte for Southwest Virginia $5,000
16 FirstEnergy Corp $5,000
16 Lehman Brothers $5,000
16 Microsoft Corp $5,000
16 National Mining Assn $5,000
16 National Venture Capital Assn $5,000
16 Pharmacia Corp $5,000
16 Teamsters Union $5,000
16 United Auto Workers $5,000

I don't see any stabbing in the back going on from Boucher. The telcos like the profits their DSL provides them that consumers use to exploit P2P systems. Verizon is in a spat with RIAA right now.

ZOE LOFGREN (D-CA)
Top Contributors
1 Intuit Inc $10,000
1 National Assn of Realtors $10,000
3 National Venture Capital Assn $8,000
4 Intl Brotherhood of Electrical Workers $5,400
5 Assn of Trial Lawyers of America $5,000
5 Emily's List $5,000
5 Genentech Inc $5,000
5 Laborers Union $5,000
5 WorldCom Inc $5,000
10 National Assn of Letter Carriers $4,500
11 Ruby & Schofield $4,250
12 Acropolis Systems $4,000
12 American Medical Assn $4,000
12 National Education Assn $4,000
15 American Fedn of St/Cnty/Munic Employees $3,500
16 National Cable & Telecommunications Assn $3,464
17 United Food & Commercial Workers Union $3,400
18 American Intellectual Property Law Assn $3,160
19 BJS Electronics $3,000
19 Ironworkers Union $3,000
19 Sun Microsystems $3,000

I'd bet she wishes she didn't get $5,000 from Worldcom.

What about the curious donor ranked #18? I can't find anything AIPLA has to say on filetrading, DCMA, or DRM, but they do have an opinion on sexually reproducing plants and seeds.

»www.aipla.org/html/pioneerhibred.html

I am pretty sure these two Representatives are not bought and paid for. They both beat their opponents by 70%-30% margins in 2000.

I hope that their proposals get traction in the next Congress.
--
Guaranteed Fear and Loathing. Abandon all hope. Prepare for the Weirdness. Get familiar with Cannibalism.

dnoyeB
Ferrous Phallus

join:2000-10-09
Southfield, MI

Re: Exaggeration at its finest!

As I understand it, this is only the "hard" contributions, but not the soft money?
Beeper
Part Of The Problem

join:2001-09-27
Dayton, OH
clubs:

Re: Exaggeration at its finest!

Correct. Really, only the hard dollars matter. Here's why.

Soft money becomes illegal on 11/06/2002.

Soft money has gone to party building, get out the vote drives, issue ads, and the like.

»ask.yahoo.com/ask/20000217.html

Opinions differ on how elections are going to be changed by the elimination of soft money. I suspect that things will be unchanged.

One reason I think things will be unchanged is that the law will be set aside as unconstitutional. If McCain-Feingold is struck down, nothing changes. If the reform is constitutional, I suspect that the Democratic Party will develop a case of buyer's remorse once the massive hard dollar advantage the GOP has takes effect and Democrats have their lunch handed to them in 2004.
--
Guaranteed Fear and Loathing. Abandon all hope. Prepare for the Weirdness. Get familiar with Cannibalism.
randysavage0

join:2002-04-16
Fayetteville, AR
well, that settles it!!!

They are just pissed off they didn't get a couple hundred grand from the RIAA.
TheWickerMan

join:2002-04-09
Enola, PA

said by vic102482 See Profile:
"If this bill were to pass, it would render ineffective, worthless and useless any protection measure we would have in place to protect a $100 million movie… You could download a million movies a day, and no penalty for it."

Funny, "ineffective", "worthless", and "useless" pretty much describes every form of copy protection they've come up with already. Who can forget the pathetic attempt that was thwarted by a magic marker? Or the CSS protection that was cracked by some kid in his spare time?
vic102482
Premium
join:2002-04-30
Upper Marlboro, MD

Re: Exaggeration at its finest!

said by TheWickerMan See Profile:
said by vic102482 See Profile:
"If this bill were to pass, it would render ineffective, worthless and useless any protection measure we would have in place to protect a $100 million movie… You could download a million movies a day, and no penalty for it."

Funny, "ineffective", "worthless", and "useless" pretty much describes every form of copy protection they've come up with already. Who can forget the pathetic attempt that was thwarted by a magic marker? Or the CSS protection that was cracked by some kid in his spare time?
The RIAA says that never existed, they dont know what you are talking about!
--
I tie a rope around my penis and jump from a tree, don't you wanna grow up to be just like me!!!!

QuadrantFive5

join:2002-07-12
Silver Spring, MD

said by vic102482 See Profile:
"If this bill were to pass, it would render ineffective, worthless and useless any protection measure we would have in place to protect a $100 million movie… You could download a million movies a day, and no penalty for it."
Wow! I want a connection like that! And which site is it that has a million movies, anyway?
--
Earth First! Make Mars our bitch!

dnoyeB
Ferrous Phallus

join:2000-10-09
Southfield, MI

Never work

The strength of the scheme will have to be proportional to the desire to crack it. about 200 million people will be out to crack it, directly or indirectly.

It is guaranteed to fail and end up some congressman out on the golf course.
--
dnoyeB
"Then said I, Wisdom [is] better than strength: nevertheless the poor man's wisdom [is] despised, and his words are not heard. " Ecclesiastes 9:16
The government is pricing our rights our of our reach.

BellBoy
Obama racist? Then Bush is Hitler.
Premium
join:2001-02-20
Los Angeles, CA
clubs:
·Pacific Bell - SBC

What's the REAL cost??

I think that something that hasn't been discussed is the actual cost of what a film (music album, etc.) is worth to the general public.

I wouldn't necessarily mind paying for a film or music over the net, but I think what has to be thought out is this: what is a property actually worth? Is a film from 1941 worth less than a film from 2001? Should someone pay more for "Big Daddy" than for "Gone With The Wind"? Just because a film cost $100 Million to produce, should the consumer pay more to see it in another medium just because it tanked at the box office?

There are films that are considered classic and have been shown on TV hundreds of thousands of times, yet nowhere on the net can those films be found for download from a major studio for a fee (or even for free). How much would you pay to have a DivX quality copy of "Sergeant York," "Citizen Kane," or "Singin' In The Rain"? $4.00? $2.00? $.50? In the same context, how about "Titanic," "Star Wars," or "The Matrix"? Those films made buckets of cash. So should we have to pay more for those films simply because of the demand they would generate? Would it soothe the studios to offer films for free if they threw in commercials every 20 minutes or so?

My point is that the quality of a film (or album for that matter) is so subjective--each and every person will have a different opinion as to its worth. Determining how much to pay for a "$100 Million movie" as Mr. Valenti put it, is close to impossible because the studios will always be looking for the profits that never came from a box office disappointment.
--
I'm not an ASI tech, but I play one on TV...
Kearnstd
Elf Wizard
Premium
join:2002-01-22
Mullica Hill, NJ

Re: What's the REAL cost??

some movies may make buckets of cash, but this is the movie industry and those execs want dumptrucks of cash as buckets arent enough.
--
[60 Sorcerer]Filan(High Elf) Zone: Broadband Reports

SRFireside

join:2001-01-19
Houston, TX

Let's not forget the movie industry is about as bad as the music industry. Movie theaters hardly get any money from the movies they show. They have to make a living off of inflated concession prices. I have seen the figures on the movies they are complaining about being traded online. They have made hefty profits from these films. I'm not talking a little profit. I am talking more money than most movies ever make. And that's just ticket sales. We are not even factoring DVD sales, rentals, cable, television premiers and merchandising.

This is another "cry me a river" sympathy ploy if you ask me.
--
Love Science Fiction? www.spacestationzoom.com

BellBoy
Obama racist? Then Bush is Hitler.
Premium
join:2001-02-20
Los Angeles, CA
clubs:
·Pacific Bell - SBC

Re: What's the REAL cost??

said by SRFireside See Profile:
Let's not forget the movie industry is about as bad as the music industry. Movie theaters hardly get any money from the movies they show. They have to make a living off of inflated concession prices. I have seen the figures on the movies they are complaining about being traded online. They have made hefty profits from these films. I'm not talking a little profit. I am talking more money than most movies ever make. And that's just ticket sales. We are not even factoring DVD sales, rentals, cable, television premiers and merchandising.

This is another "cry me a river" sympathy ploy if you ask me.

I hope you don't misunderstand me...

I'm certainly not on the studio's or Valenti's side. I agree with you, the studios are the first to run to the media with box office scores and the last to run to court to prove that their accounting numbers are wrong. Anyone remember the "Coming To America" lawsuit that Art Buchwald brought against Paramount, et al.?

As far as the theater owners go, they're digging their own graves. $3.50 for a little bag of candy? Give me a break! Whenever I can, I head to a local store and buy whatever I want to eat. The only exception is that I'll buy popcorn--mostly out of guilt.

Plus, building a 1,000-plex is not really good for business. Hell, the majority of the screens have the latest film that sucks anyway so any film I actually want to see is banished to the early or the late show. F*** THAT!

If the studios and the theater owners had a brain between them, they'd take a hint from the art houses and sprinkle some older classics or avant guard films into the mix to bring in a different audience--along with the brainiacs that can't wait to see the latest David Spade fiasco.
--
I'm not an ASI tech, but I play one on TV...

SRFireside

join:2001-01-19
Houston, TX

Re: What's the REAL cost??

My intent was to only add to your comment so don't worry, I didn't misunderstand you.

However regarding the price of snacks at the theaters they really don't have much choice. I don't know how little they actually get, but I do know the theaters depend on those elevated prices just to keep the theaters open. Over here in Austin there is a theater called Alamo Draft House that does show some classics as well as new movies. They also show some oddball movies that have cult followings. Plus they serve real food too. It's a shame your common theaters don't go back to the classics. There is a possibility they can't due to licensing. Another issue to take up with the movie industry.
--
Love Science Fiction? www.spacestationzoom.com

tschmidt
Premium,MVM
join:2000-11-12
Milford, NH
·Hollis Hosting
·Verizon Online DSL
·Fairpoint Communic..

Fair Use and Internet is good for Artists

This is the same Jack Valenti that testified before Congress in April 1982: "I say to you that the VCR is to the American film producer and the American public as the Boston strangler is to the woman home alone." The technology he wanted to ban now represents the bulk of film revenues.

It is certainly true changes in technology will have a dramatic effect on established businesses. Digital technology makes it easy to exchange perfect copies of digital material. Digital technology reduces distribution cost from producer to user to almost to zero. When that sort of sea change occurs it tends to spur new business activity -- while at the same time rendering existing business models obsolete.

As the quote above shows -- Hollywood has continuously tried to thwart new technology from the player piano, radio, VCR, Digital Audio Tape, ad nauseum out of fear it would impact profit. Zero cost distribution ought to allow artists to interact more directly with their audiences, while reducing the value of the middlemen that the MPAA and RIAA represent. The RIAA and MPAA are frantically trying to roll back technology to preserve their monopoly control over the distribution channel.

I applaud the protection of fair-use rights. In it in the best interest of society to implement leaky copyright protection.

NJChris
PS3 Xbox ID Zzaz
Premium
join:2000-02-08
Pompton Lakes, NJ

A million movies a day!

Wow.. what kind of connection does someone need to d/l a million movies a day?? WOW!!!

And these movies being downloaded aren't as good quality, IMHO as a bought one. Would the people d/ling them actually have bought them?

RIAA & MPAA = morons.
--
Bored now....
hrsphil

join:2002-03-30
Philadelphia, PA

What about Palladium?

What does this mean for TCPA/Palladium? I find that significantly more scary than pathetic copy-protection. Do these bills decriminalize deactivating TCPA stuff?

Moon Sugar

join:2002-09-22
Chicago, IL

I don't think this title is catchy enuff uh oh!

Finally an issue I agree with a dem on .. oh wait no I don't...

[text was edited by author 2002-10-03 20:36:44]

richk_1957
If ..Then..Else
Premium
join:2001-04-11
Minas Tirith

I am a criminal..according to the RIAA

CD's are so expensive, that I have a copy of every(almost) CD I buy. Not to loan to anyone, or share, but just a backup in case the original gets damaged. When LP's were the vogue, it was reel-reel recording, then cassettes
I bought the music. I will do with it whatever I want. .

And the MPAA crying about movies..
They have to be leaked from them. Their security sucks. If they are worried about someone who sneaks a video camera in & records a movie that way, they should take a look at one of those. BAD picture, BAD sound, people walking in front of the camera. In short BAD, not worth taking the time to download, unless a person wants to do it just to say he did.

NOVA_Guy
Obama- Commander in Thief
Premium
join:2002-03-05
·VOIPo

A million tears are falling...

"If this bill were to pass, it would render ineffective, worthless and useless any protection measure we would have in place to protect a $100 million movie… You could download a million movies a day, and no penalty for it."

Boo-hoo. I feel really bad for you and all the actors out there, Jack. Maybe you all will have to get real jobs with realistic salaries if you want to buy that third yacht. I won't lose any sleep over this.
--
Live in Northern Virginia? Take a stand and fight for good service-- don't be a Cox Sucker!
Forums » Boucher Presents 'Fair Use' Bill


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