[DMCA-Activists] Re: [DMCA_Discuss] Apple, Microsoft, Adobe, HP, Intel Oppose Lofgren Bill

[Jay Sulzberger]

The "balance" bill is wrong on principle.  Adoption of any bill which
implicitly or explicitly assumes that our most basic property rights are
held at the mere sufferance of the Englobulators makes it tactically
impossible to mount any serious defense of these rights.  If, in principle,
I have no right to make copies of works copyrighted by others in my house,
no right to disassemble code which runs my computer just because the
copyright holder says I should not, no right to boot an operating system of
my own choice, well, the main battle is over, and we can, at best, hope
that the terms of our surrender are not too harsh.  Not too harsh this
year, that is, since once we surrender and the Englobulators take from us
our computers, they are not likely to listen to our pleadings in future
years.  Why should they?

The issue is not "producers vs consumers" nor "copyright holders vs
consumers".  The issue is that the Englobulators are in progress of denying
us our property rights and our rights of free speech and free assembly.

We don't have to give up anything.  We own our computers and we vote.

oo--JS.


On Wed, 5 Mar 2003, Seth Johnson wrote:

>
> (Forwarded from POLITECH.)
>
> -------- Original Message --------
> Subject: FC: Apple, Microsoft, Adobe, HP, Intel oppose bill
> fixing DMCA
> Date: Tue, 04 Mar 2003 18:13:51 -0500
> From: Declan McCullagh <address@hidden>
> Reply-To: address@hidden
> To: address@hidden
>
> The Business Software Alliance's members, including those
> listed above, can  be found here:
> http://www.bsa.org/usa/about/members/
>
> The text of Rep. Lofgren's bill (from last year, but appears
> to be the same):
> http://thomas.loc.gov/cgi-bin/bdquery/z?d107:h.r.05522:
>
> The most important part of the Lofgren's bill (similar to
> one introduced by  Rep. Boucher) permits bypassing copy
> protection mechanisms if the purpose  is to "to make a
> noninfringing use."
>
> Intel Corp. seems schizophrenic. It showed up at a press
> conference last  fall to endorse fixing the DMCA's
> anti-circumvention sections
> (http://news.com.com/2100-1023-960731.html and
> http://www.house.gov/boucher/docs/107supportlist.htm) but
> it's a paying  member of a trade association that is
> opposing just that. Naturally no  trade association is going
> to adhere completely to what all of its members  want, but
> that's a pretty fundamental difference -- and Intel's name
> is  included in today's press release, after all.
>
> Hewlett-Packard seems equally schizophrenic, with an
> executive recently  criticizing
> (http://news.com.com/2100-1040-983518.html) expansive uses
> of  the DMCA's anti-circumvention sections. It's also
> happens to be a member of  the Business Software Alliance
> and is also listed in the press release.
>
> -Declan
>
> ---
>
> Subject: BSA Statement on Rep. Lofgren's Digital Copyright
> Bill
> Date: Tue, 4 Mar 2003 17:54:02 -0500
>
> Business Software Alliance Shares Rep. Lofgren's Objective,
> But Opposes  Proposed Copyright Legislation
>
> Washington (March 4, 2003) - Business Software Alliance
> (BSA) president and  CEO Robert Holleyman today issued the
> following statement on copyright  legislation reintroduced
> by U.S. Representative Zoe Lofgren (D-CA):
>
> "The Business Software Alliance commends Representative
> Lofgren for her  continued leadership on technology issues,
> but we have critical  reservations about her approach and
> the changes to copyright law proposed  in the BALANCE Act of
> 2003, formerly the Digital Choice and Freedom Act of  2002.
>
> "Representative Lofgren's objective of ensuring that
> copyright laws provide  a proper balance between the
> interests of consumers and copyright owners is  shared by
> the BSA.  However, we view the legislation unveiled today as
> a  vehicle that would ultimately weaken, not strengthen, the
> important balance  that was established under the Digital
> Millennium Copyright Act [DMCA].
>
> "The broad exemptions to the DMCA proposed by Representative
> Lofgren would  undermine the core purpose of the Act and
> violate the protections that  serve as the foundation of
> innovation and discovery for legitimate  copyright owners.
> In the digital age, broadly accepted technological  measures
> must be available and adhered to by consumers and
> enterprises to  curb piracy and its economic consequences.
>
> "The technology industry has proliferated like no other
> industry due to the  rapid creation of new and innovative
> means of meeting consumer expectations  and enhanced
> productivity.  And this legacy continues even while
> consumer  expectations expand with every new and conceivable
> application of  technology.  Any weakening of the laws that
> promote continued innovation  and needed protections for
> copyright owners will ultimately stifle industry  growth and
> limit consumer choices.
>
> "Of particular concern, provisions of this legislation
> allowing the  disablement of technological protection
> measures on copyrighted materials  would provide safe harbor
> for pirates who could easily claim that the  'intent' of
> their actions were legal even if it resulted in knowingly
> unlawful infringement and economic loss to copyright owners.
>
> "We are also deeply troubled by the broad contract
> preemption provisions of  the proposed legislation.  The
> bill would make a broad array of licensing  terms
> unenforceable under statutory and common law.  While the
> specific  provisions do not apply to software, they apply to
> the types of licenses  now common in our industry, and thus
> would send the wrong signal.
>
> "We look forward to sharing our views on this legislation
> with  Representative Lofgren."
>
> ###
>
> The Business Software Alliance (www.bsa.org) is the foremost
> organization  dedicated to promoting a safe and legal online
> world.  BSA is the voice of  the world's commercial software
> industry and its hardware partners before  governments and
> in the international marketplace.  Its members represent
> the fastest growing industry in the world.   BSA programs
> foster technology  innovation through education and policy
> initiatives that promote copyright  protection, cyber
> security, trade and e-commerce.  BSA members include  Adobe,
> Apple, Autodesk, Avid, Bentley Systems, Borland, Cisco
> Systems, CNC  Software/Mastercam, Entrust, HP, IBM, Intel,
> Intuit, Internet Security  Systems, Macromedia, Microsoft,
> Network Associates, Novell, PeopleSoft,  SeeBeyond, Sybase
> and Symantec.
>
> FOR ADDITIONAL INFORMATION:
> Doug McGinn, address@hidden, 202-715-1558
> Caroline Dietz, address@hidden, 202-715-1532
>
> ---
>
> FOR IMMEDIATE  RELEASE
>
> CONTACT: Steve  Adamske
> March 4,  2003
> (202) 225-3072
>
> LOFGREN INTRODUCES LEGISLATION TO PROTECT CONSUMERS
>
> RIGHTS IN THE DIGITAL AGE
>
> Silicon Valley Congresswoman reintroduces BALANCE Act to
> respect consumer  rights and expectations
>
>          Washington, DC - Congresswoman Zoe Lofgren (D-CA)
> today  reintroduced legislation designed to protect
> consumer's ability to enjoy  purchased digital copies of
> books, music and movies.  Lofgren's bill, the  Benefit
> Authors without Limiting Advancement or Net Consumer
> Expectations,  or BALANCE Act, gives lawful consumers the
> ability to make personal uses of  digital entertainment such
> as music, movies and books.  The bill recognizes  that
> digital piracy will never be truly solved until consumers
> are given an  affordable, reliable, legitimate and secure
> alternative.
>
>          "There is wide agreement to fight piracy, and it is
> something that  needs to be stopped.  But individual
> consumers are being denied their  legitimate rights in the
> digital age," said Lofgren.  "We can solve this  problem,
> but lawsuits and locking down content are not the
> solutions."
>
> Traditionally, copyright laws have tried to balance the
> interests of  copyright holders in the control and
> exploitation of their works with the  interests of society
> in the free flow of ideas, information and  commerce.  This
> is sometimes referred to as "fair use."  Lofgren seeks to
> maintain that balance in the digital age by finding ways to
> prevent and  punish digital pirates without treating every
> consumer as a  criminal.  Lofgren's legislation is calling
> for specific changes in the  Digital Millennium Copyright
> Act (DMCA).
>
> "This legislation would ensure that consumers are able to
> buy content that  is compatible across platforms, thereby
> encouraging technological  development and competition,"
> continued Lofgren.  "Specifically, it will  allow consumers
> to make backup copies and display digital works on their
> preferred digital media devices."
>
> For example, Lofgren's bill will allow consumers to make
> copies of  purchased digital media for use in their car,
> computer or mobile  device.  Lofgren ultimately believes her
> proposal will not only benefit  consumers, but will spur
> technological innovation and lead to greater  copyright
> protection.  Specifically, the legislation:
>
>
>
> o       Clarifies that America's historic principles of fair
> use -  protected under Section 107 of the Copyright Act -
> apply to analog and  digital transmissions.
>
> o       Allows purchasers to make backup copies and display
> digital works  on the devices of their choice.
>
> o       Protects purchasers by prohibiting non-negotiable
> shrink-wrap  licenses that limit their rights and
> expectations.
>
> o       Clarifies that purchasers can sell or give away
> their copies of  digital works, just like they can with
> traditional hard media.
>
> o       Protects purchasers by permitting them to bypass
> technical measures  that impede their rights and
> expectations.
>
> o       Provides flexibility for content owners to develop
> new and  innovative ways to protect their content and enable
> lawful uses.
>
>          The BALANCE Act has wide support among leading
> academics,  including Professor Larry Lessig of Stanford Law
> School and Professor  Pamela Samuelson of Boalt Hall,
> consumer electronics, computing,  communications and
> Internet commerce companies, consumer groups, and
> libraries.  In addition, Congressman Rick Boucher is an
> original cosponsor  of the bill.
>
> "This legislation will help all interested parties focus
> their eyes on the  ultimate prize, which is a robust digital
> marketplace where digital rights  management provides
> sufficient protection for content owners, where the IT
> industry has the freedom to create new and exciting devices
> and services,  and where consumers are given a broad array
> of lawful alternatives that are  affordable, reliable,
> secure, and respectful of their legitimate rights and
> expectations," said Lofgren.
>
> ###
>
> **************************
> Steve Adamske
> Communications Director
> Rep. Zoe Lofgren
>
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