FC: Charles Sims: The DMCA does not limit fair use "at all"

From: Declan McCullagh (declanat_private)
Date: Wed Jul 31 2002 - 07:04:29 PDT

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    Chuck Sims is an attorney at Proskauer Rose who represented the eight movie 
    studios suing 2600 magazine over DMCA violations. The studios won 
    near-completely at the trial court and before the Second Circuit appeals 
    court, and 2600 did not appeal to the U.S. Supreme Court.
    
    The Second Circuit concluded: "The DMCA does not impose even an arguable 
    limitation on the opportunity to make a variety of traditional fair uses of 
    DVD movies, such as commenting on their content, quoting excerpts from 
    their screenplays, and even recording portions of the video images and 
    sounds on film or tape by pointing a camera, a camcorder, or a microphone 
    at a monitor as it displays the DVD movie. The fact that the resulting copy 
    will not be as perfect or as manipulable as a digital copy obtained by 
    having direct access to the DVD movie in its digital form, provides no 
    basis for a claim of unconstitutional limitation of fair use." 
    (http://www.eff.org/Cases/MPAA_DVD_cases/20011128_ny_appeal_decision.html)
    
    As for Chuck's point about Politech posts, this list is only as good as the 
    submissions I receive. Right now, most of what's written about the DMCA is 
    hardly flattering -- the people who support it as written don't *need* to 
    say much, and they don't.
    
    Previous Politech message:
    
    "DMCA is a 'copyright cudgel,' from Chron. of Higher Education"
    http://www.politechbot.com/p-03819.html
    
    -Declan
    
    ---
    
    Date: Wed, 31 Jul 2002 09:43:20 -0400
    From: "Charles Sims" <CSimsat_private>
    To: declanat_private
    Subject: Re: FC: DMCA is a "copyright cudgel," from Chron. of HigherEducation
    MIME-Version: 1.0
    
    Declan:
    Sloganeering is not journalism, and to repeat (or republish) the canard 
    that "fair use is dying" is preposterous.  As you know, and as your readers 
    should know, the fair use doctrine of copyright law is unchanged since 1976 
    (indeed, since the 1840's, when Justice Story famously explicated it), and 
    it has not been amended or altered by the DMCA.  The DMCA does not impact, 
    at all, the fair use rights that US law has provided for more than 160 
    years.  It has not amended, or changed, Section 107 of the copyright law, 
    which now embodies the fair use defense, at all.  So  quote and criticise 
    and review to your heart's content; but try to avoid the knowing falsehoods.
    You want to stare at or photograph a Picasso in someone's home, or a 
    never-published manuscript of Orwell in someone's office, the better to 
    criticise or review them?  You can't.  But not because of the DMCA; the 
    reason is that fair use has never been a tool to obtain access.  
    
    
    
    
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