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Date: 2002-03-30
EFF: Obacht, Copyright Mafia global-.-. --.- -.-. --.- -.-. --.- -.-. --.- -.-. --.- -.-. --.- Anwältin der EFF, handle es sich um einen globale Welle. Deshalb wird uns aus dem rustikalen Westen über den Pafizik "Obacht" zugerufen: Informiert dringend eure Politiker, die Copyright-Mafia hat sie bereits gebrieft. -.-. --.- -.-. --.- -.-. --.- -.-. --.- -.-. --.- -.-. --.- (Issued: Mar. 29, 2002 / Deadline: April 8, 2002) NOTE: The alert in the previous issue has been changed. It directed EFFector readers to send comments opposing technology mandates to both the House and the Senate. A House staffer has told us that the House request for comments is limited to digital music issues, not DRM and mandates more generally. A new alert about the House comments is below, while the original alert, modified to direct comments to the Senate only, is available at: http://www.eff.org/Alerts/20020322_eff_cbdtpa_alert.html -.-. --.- -.-. --.- -.-. --.- -.-. --.- -.-. --.- -.-. --.- What YOU Can Do Now: * Send your personal, not form, letter to the House Judiciary Intellectual Property Subcommittee urging repeal of the DMCA's anticircumvention provisions, and recognition of fair use rights as real rights. * Contact your own legislators about this issue. For information on how to contact your legislators and other government officials, see EFF's "Contacting Congress and Other Policymakers" guide at: http://www.eff.org/congress.html [...] #Again, please don't just forward our sample letter - it won't have any impact. Our letter is considerably longer than yours should be (because we are trying to give you more ideas for your own letter). You can also send a similar letter to your own legislators, and be sure to mention that you are their constituent when you do so. When writing to the subcommittee please remember that (although the technology and legal issues are the same regardless of what digital medium we are talking about), they are only interested in comments focused on the digital music, not HDTV, DVDs, SSSCA/ CBDTPA, eBooks, etc. While they can be mentioned, the focus should remain squarely on music. When writing to your own legislators you should discuss the issue more broadly. Please remember to be polite but firm. Ranting, swearing, or lack of clear focus and resolve will not make a good impression. Try to make it brief (1 page or less written, or a few sentences spoken) and clear, without getting into nitpicky details. Re-casting the letter in your own words will be more effective than copy-pasting our sample. Activists Around the World: This alert is primarily for U.S. residents. However, this issue is of importance globally, so keep an eye out in your own jurisdiction for related matters you can act on. Many countries are considering legislation like the US DMCA and SSSCA/CBDTPA. Background: 1. Repeal the DMCA's Circumvention Ban Urge Congress to repeal the anti-circumvention provisions of the Digital Millennium Copyright Act (DMCA). These legally-enforced technological restrictions are used by copyright holders to control use of creative expression. These controversial provisions outlaw the act of bypassing access controls and making or providing any technology, including software and information that could help another to bypass access or use restrictions. Because the DMCA gives force of law to whatever use restrictions the copyright holders dream up (no matter who trivial they are to work around) the public's side of the copyright bargain is eliminated, or at least greatly reduced. The public's rights, such as fair use, allowing customers to copy works for lawful purposes even when the copyright holder does not wish to permit it, are disabled by technology that it is illegal to bypass. We all enjoy the right under copyright law's First Sale Doctrine to sell or give our old and unwanted CDs and tapes to others for further use and enjoyment. But major labels restrict First Sale Doctrine privileges by requiring music to be tied to particular devices, and then seal the requirement through the DMCA's outlawing of any means of bypassing those restrictions. The Copyright Office Section 104 Report issued on August 29, 2001 ignores how the DMCA is being used to restrict First Sale privileges and the public's ability to make back-ups. The loss of public domain, fair use, and first sale rights under recent developments in copyright law presents a powerful threat to freedom of expression. Congress must address the loss of important consumer rights under copyright in the use of digital technology. The Copyright Office and courts have been looking to Congress to clarify and amend many of the controversial provisions. But Congress should address the chilling effect on freedom of expression presented by the DMCA's circumvention of the public's rights under copyright. Advise the House Subcommittee to repeal the DMCA's anti-circumvention provisions in order to protect freedom of expression and fair use in a digital environment, and thus restore balance to copyright law. 2. Fair Use as Affirmative Right Inform Congress that it's time to formally recognize copyright law's fair use privilege as an affirmative right. Traditionally fair use has been considered a defense to claims of infringement when a person has a lawful right to use a copyrighted work in ways disapproved of the author. Copyright law also permits the making of back-up copies and personal use copies of works by individuals regardless of whether the author permits such use. Since copyright holders wrap their works up in "digital straight jackets" that control all uses, including disabling fair use rights, and DMCA makes it illegal to bypass those digital controls, fair use must be recognized as an affirmative right in order to restore balance in copyright law. Tell Congress that you want your fair use rights and you vote. CAFE Campaign: This drive to contact your legislators about the future of digital music is part of a larger campaign to highlight intellectual property industry assaults against the public's fair use rights, and what you can do about it. Check the EFF Campaign for Audivisual Free Expression (CAFE) website regularly for additional alerts and news: http://www.eff.org/cafe/ Links: For more information about access-control and copy-prevention systems see: http://www.eff.org/IP/DRM/ For essays and articles about fair use and digital media, see: http://www.eff.org/CAFE/resources.html EFF's Fair Use FAQ: http://www.eff.org/IP/eff_fair_use_faq.html Contact: -.-. --.- -.-. --.- -.-. --.- -.-. --.- -.-. --.- - -.-. --.- -.-. --.- -.-. --.- -.-. --.- -.-. --.- -.-. --.- edited by published on: 2002-03-30 comments to office@quintessenz.at subscribe Newsletter - -.-. --.- -.-. --.- -.-. --.- -.-. --.- -.-. --.- -.-. --.- 
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