FC: Apple, Microsoft, Adobe, HP, Intel oppose bill fixing DMCA

From: Declan McCullagh (declanat_private)
Date: Tue Mar 04 2003 - 15:13:51 PST

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    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, doug.mcginnat_private, 202-715-1558
    Caroline Dietz, caroline.dietzat_private, 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.
    
    (More)-2-
    
    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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