Legislator warns FCC on digital TV and fair use

[wessman]

Legislator warns FCC on digital TV
By Declan McCullagh, Staff Writer, CNET News.com
June 10, 2003, 6:10 PM PT
http://news.com.com/2100-1028-1015469.html

WASHINGTON--A key legislator in the House of Representatives warned Tuesday that copy protection used in the transition from analog to digital television broadcasts must protect Americans' "fair use" rights.

In a carefully worded speech, Rep. Lamar Smith, R-Texas, chairman of the House subcommittee overseeing copyright law, said that future Federal Communications Commission regulations involving digital TV should not "have an adverse affect on how consumers may legitimately use lawfully acquired entertainment products."

Smith also signaled his firm opposition to a bill introduced last year by Sen. Fritz Hollings, D-S.C., which would implant mandatory copy-protection technology in PCs and consumer electronics devices. "I am skeptical of government mandates on the technology industry...Until evidence shows otherwise, I believe existing copyright law is adequate," Smith told a one-day conference organized by the Progress and Freedom Foundation.

Smith called for greater disciplinary action against peer-to-peer pirates at universities, saying that research showed 16 percent of the files available on Kazaa are located at schools and universities. "It's unlikely that this amount of file-sharing activity is in furtherance of class assignments," Smith said.

Cary Sherman, president and general counsel of the Recording Industry Association of America, said in an interview after Smith's speech that "this is something he feels very deeply about. He's been pressing universities to be very aggressive on this issue. For that reason, I wasn't surprised by his speech."

Tuesday was not the first time that Smith questioned the FCC's digital TV proposals. During a March hearing, Smith questioned the FCC's "broadcast flag" proceeding relating to digital TV, saying that copy-protection rules were being set by an executive branch agency instead of by the appropriate committee in Congress. Although Smith's intellectual property subcommittee is responsible for drafting copyright laws, the Energy and Commerce Committee has jurisdiction over the FCC.

The FCC has not yet decided to go forward with a broadcast flag rule. The movie studios say that a law or FCC rule will be necessary to require that televisions sold after a certain date recognize the flag and, if it is present, limit consumers' rights to distribute digitally transmitted shows without restrictions.

But at that March hearing, Democrat Howard Berman, whose Southern California district borders Hollywood, said he was worried that the FCC could veer in a direction that might mandate "fair use" rights that would not be favorable to the entertainment industry. "I'm opposed to the FCC attempting to...limit the exclusive rights of copyright holders in its broadcast flag rule making," Berman said.

In February, Smith convened a hearing to discuss peer-to-peer piracy on college campuses. Members of the panel said that piracy was a federal crime that should be punished as such, likening it to assault, battery and murder.


Related News:

Congress questions FCC copyright plan March 6, 2003
http://news.com.com/2100-1028-991482.html

Congress targets P2P piracy on campus February 26, 2003
http://news.com.com/2100-1028-986143.html

Antipiracy bill finally sees Senate March 21, 2002
http://news.com.com/2100-1023-866337.html

Get this story's "Big Picture"
http://news.com.com/2104-1028-1015469.html

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[Winphuk]

Originally posted by wessman
In February, Smith convened a hearing to discuss peer-to-peer piracy on college campuses. Members of the panel said that piracy was a federal crime that should be punished as such, likening it to assault, battery and murder.

Texas Polititians need to be stopped. That's the most ridiculous statement I have ever heard.Texas has laws that are way out of proportion with reality. They must be inbreeds.

[beardedwonder]

I tell you what, how about you test all the laws in the US and we hope that our governments on the other side of the pond only pick up on the worthwhile ones!

[TipYourBartender]

You know, I hope one day Texas secceeds from the US and becomes its own nation, so that we could get rid of all their poiticians, and they could destroy their own state instead of all the other 49.

[Psilaxs]

Originally posted by TipYourBartender
You know, I hope one day Texas secceeds from the US and becomes its own nation, so that we could get rid of all their poiticians, and they could destroy their own state instead of all the other 49.

texas was never officially drafted into the union ;)

[Potato]

Members of the panel said that piracy was a federal crime that should be punished as such, likening it to assault, battery and murder.

I can just imagine the inmates in prison talking about why they're there...

One would say they murdered their lazy wife, the other would say he was downloading music and movies.

Am I the only one that sees something wrong with this picture?

[Soothsayer]

Piracy is one thing, I liken "piracy" to obtaining copies of copyrighted movies, music and the like and then selling them to make a profit. Downloading some songs off the internet is not piracy, it is sampling...
I will admit there are folks out there who have sampled entire albums (nooooo, not me). I would have bought a few CDs over the past few years, but the tactics of the RIAA and other organizations have made up my mind on that.
For now, I will stick to sampling.

The legislation stuff is not a surprise. As it has been said before, these politicians are all in the pockets of big corporations and lobbying groups. Once you hit the federal level, you are fair game for that sort of thing. It is really sad.
I will say that if the people keep talking about this enough, maybe we can find a few more media organizations which will be on our side. There are too many media companies who are owned by the same folks who run the music and movie companies. Geez, wondering what they would spew out when asked about downloading music off the net...

[Ken17625]

You know, I hope one day Texas secceeds from the US and becomes its own nation, so that we could get rid of all their poiticians, and they could destroy their own state instead of all the other 49.

I have a similar opinion. Mine consists of making NYC part of New Jersey so that my tax dollars actually do something for my half of the state, rather than being sucked into the black hole known as NYC.