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Issues > Digital policy > Copyright policy
How can the the Content providers be protected while preserving the Right to "Fair" Use |
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Disclaimer: I am biased toward protecting the rights of content providers via limited time copyright while leaving the technology developments free of any before use controls. This page, and associated pages are my personal understandings and positions, and thus have not yet been corrected by people who know better or who have the opposing position, and I welcome any suggestions as to how to improve it:
Current articles:
Senate bill bans P2P networks June 23, 2004, 12:27 PM PDT By Declan McCullagh CNET News.com- The Obsessively Annotated Introduction to the INDUCE Act
- Some comments on the Moral Imperative by JACK VALENTI, February 24, 2003
- Get ready to be fleeced By Declan McCullagh, February 24, 2003
Relevant Laws, Suites and Bills: (+ Increase copyright strength, - Decreases)
- - Digital Media Consumers Rights Act of 2002 (summary) -- Requires labeling of Copy Protected CD's and protects "Fair" use {Boucher's info} Pend: 10/04/02 (February 19, 2003 News)
- - Digital Choice and Freedom Act of 2002 (Sec/Sec)-- Protects "Fair" use {Zoe Lofgren's info} Pend: 10/02/02
- + Paramount et all v. ReplayTV (EFF links)-- Prevents ReplayTV from transmitting recorded TV and skipping commercials. Pend: 10/31/01, {To be heard October 15, 2002}
- + Peer to Peer Piracy Prevention Act HR 5211 -- Provides safe harbor for actions against copyright violation sites -- Pend
- + Anticounterfeiting Amendments of 2002 S.2395 -- Requires that digital watermarks be preserved -- 04/30/02
- - Eldred v. Ashcroft -- Supeme court agrees to hear argument that copyright extension is illegal, 02/19/02, Oral: 10/09/02
- + Consumer Broadband and Digital Television Promotion Act (CBDTPA) S. 2048 -- Requires digital hardware, software to maintain "broadcast flag" -- Pend
- + Digital Millennium Copyright Act (DMCA) 1998 -- Protects digital content and prohibits actions that interfere with Digital Rights Management.
Stake holders -- In discussing a fair control of Industrial Productions, IP, it helps to recognize that there are a number of different groups who have stakes in this issue, e.g. the Control and Price of Copyrightable and Patentable material.
- Primary -- If the copyright material was to be dealt with as any other free market material, then the price would be set by the seller and the purchaser. The seller would have a cost of manufacturing it and the purchaser would have a value for using it and in a free market the market price would be effectively negotiate as somewhere between this. It should be noted that there are sill problems with this situation, as discussed below:
- Distributor
- End User, Consumer of the material
- Creators -- In the case of IP, there are creators who are effected by the price and control.
- Original Creator -- If the IP is not priced high enough, and if there is not sufficient control, then the return to the Creator, either directly, as a Royalty, or as a salary from the Distributor, will not be enough so that he wants to continue to create.
- Other Creators -- On the other hand, if the price and control on the IP is too high, then other creators can not "build" on the creation.
- Society -- There is some advantage for society to have IP available and new IP produced, and depending on the price, there is more available and less new IP produced, or the other way around. Raw Capitalism would have this fully reflected in the primary price without any societal involvement, but there are secondary effects, externalities that lead to society being benefited or harmed by the effects of the Raw Capitalistic prices.
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Note: Until WeMatter.com is more operational, I suggest that you Login to the following Internet sites to coordinate your activity:
There are of course many other sites involved with this topic, See: Digital Access sites, but if one is to effect the Government, I suggest going to the above mentioned hub sites.
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December 13, 2004 15:41