Some in Congress having second thoughts about DMCA

May 13, 2004

We had a little news on this already, with 321 Studios founder Robert Moore, going up the Hill to present his arguement to legislators for personal backup or Fair Use rights. Now, this article sends a message of hope. Within it, we can find some interesting statements. Jack Valenti MPAA leader should get a star on the Hollywood Walk of Fame for his grandstanding display of the horror his industry is suffering.

"I didn't grasp what the real issues were when this was approved," said Rep. John T. Doolittle, R-Geyser Bay, a co-sponsor of a bill that would amend the 1998 Digital Millennium Copyright Act. "I think we went way overboard as a Congress when we enacted that law."

The new Digital Media Consumers' Rights Act would allow people to bypass disks' electronic encryption in order to make copies for personal reasons; require that companies label copy-protected CDs, DVDs and software, and protect scientific researchers from legal action under the 1998 law.

Waving a DVD copy of the movie "Runaway Jury," Valenti told the panel that an associate had recently purchased the illegal duplicate in Washington's Chinatown. Valenti said it appeared to have been made with software produced by 321 Studio of St. Charles, Mo.

Much like a wooden, yet animated figurehead on the bow of a leaky sailing vessel, Cary Sherman, RIAA president, chimed in stating that mass piracy is only one facet of the problem. He lamented that CD sales have dropped 31 percent in the past four years as CD burners and peer-to-peer file sharing over the Internet gained steam. Then he bellowed: "CDs are being burned beyond belief".

One thing we know is, that there is no correlation between the events of sagging sales and the evolution of the Internet music and hardware scene, as we have read many studies and surveys on the subject. It is common knowledge now that these activities are not a factor in the failure of the recording industry, often times they will even suggest it is propping up a seriously misguided model. Unfortunately, those involved in the production of the physical goods have not been able to capitalise on the situation and they are dying because of it. Music is now is about portability, sharing and the Internet distribution network tells us that it should be much cheaper as well.

Now, if only the US Congress has the courage to do the right thing, by passing legislation to stop the madness of litigation against it's constituency for personal backups. You can't stop progress, you can only get left behind.

Source: San Mateo County Times