[DMCA-Activists] Berman May Abandon "Piracy" Legislation

[Seth Johnson]

(Forwarded from DMCA Discussion list.  Article text pasted below.  --
Seth)

-------- Original Message --------
Subject: [DMCA_Discuss] HOLLYWOOD SUPPORTER MAY ABANDON INTERNET PIRACY
LEGISLATION
Date: Mon, 3 Mar 2003 12:09:56 +0300
From: Vladimir Katalov <address@hidden>
Organization: ElcomSoft Co.Ltd.
To: address@hidden


House of Representative Howard Berman from California may be softening
his view regarding the use of proactive measures by copyright holders
against peer-to-peer copyright piracy. Hollywood interests have
communicated their concerns that legislation aimed at giving them
self-help options against pirates may pose liability risks if used
incorrectly. See coverage at LATimes (registration required):

http://www.latimes.com/technology/la-fi-berman21feb21,1,4879496.story

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> http://www.latimes.com/technology/la-fi-berman21feb21,1,4879496.story


Rep. Berman May Not Revive Internet Piracy Bill

By Jon Healey
February 21, 2003


Rep. Howard L. Berman said he may abandon his controversial proposal to
help Hollywood battle Internet piracy, in part because of complaints
from an unexpected source: Hollywood.

Berman (D-Van Nuys) introduced a bill in July to give movie studios,
record companies and other copyright holders limited immunity from
lawsuits if they used technology to block piracy on file-sharing
networks such as Kazaa or Gnutella. The immunity would not have applied
to tactics that damaged users' computers or legitimate file-sharing
activities.

The measure, which died when Congress adjourned last year, drew heavy
flak from consumer advocates who said it would encourage copyright
owners to become network-snarling vigilantes. Nevertheless, Berman was
widely expected to try again this year with a revised version of the
bill.

This week, however, Berman said he may not revive the measure. For one
thing, copyright holders may not need extra protection to combat
file-sharing piracy, he said. And though Berman wasn't deterred by
complaints from consumer advocates, the concerns voiced by Hollywood
studios -- among the biggest beneficiaries of the bill, given their
active anti-piracy efforts online -- suggested that Berman was climbing
out on a limb by himself.

In particular, Hollywood's enthusiasm for the bill was dimmed by
Berman's insistence on imposing new liabilities on copyright holders
that go too far in attacking pirates. "And if they're not for it,"
Berman asked, "where am I going?"

His comments came in an interview at a conference on copyrights and
consumer rights at Intel Corp. in Santa Clara, Calif. "It still may be
worth doing," Berman said of the proposal, "but realistically, a bill
like this isn't going to zip through Congress."

Rich Taylor, a spokesman for the Motion Picture Assn. of America, said
"the essence of the legislation makes all the sense in the world."
However, some MPAA members were concerned about the new liabilities, and
some doubted the need for the bill, he said.

"There were no self-help actions being taken in violation of state or
federal laws," Taylor said.