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IP: WIPO bill passes
From: Dave Farber <farber () cis upenn edu>
Date: Mon, 12 Oct 1998 19:19:17 -0400
U.S. House finally passes digital copyright bill By Aaron Pressman WASHINGTON, Oct 12 (Reuters) - The U.S. House of Representatives approved landmark legislation on Monday updating copyright law for the digital age, sending the bill to the White House where President Bill Clinton is expected to sign it into law. The bill, approved by the Senate last week, implements the provisions of two international treaties adopted by the World Intellectual Property Organization in 1996 Software makers, movie studios, book publishers and other creators of copyrighted works pushed hard for the legislation, fearing that as their products increasingly became available on the Internet in digital form, pirates and criminals would be able to make and sell illegal copies easily. The legislation creates criminal penalties for anyone who circumvents high-technology anti-piracy protections, such as encryption, used to block illegal copying. The bill also forbids the manufacture, import, sale or distribution of devices or services used for circumvention. "The U.S. Congress today set an international standard for strong protection of creative works on the Internet that will spur the growth of electronic commerce and result in consumers benefiting from quicker and better online access to software, music, movies and other types of copyrighted works," said Robert Holleyman, president of the Business Software Alliance. A variety of exceptions were also included at the request of libraries, scientists, universities and some manufacturers of consumer electronic devices. They feared the law would prevent some kinds of research and would unfairly limit "fair use," a central principle of existing copyright law that allows copies to be made for educational and other non-commercial purposes. The exceptions include allowing circumvention if done for computer security testing, encryption research or limited kinds of computer software development. Internet surfers can also circumvent in limited ways to protect their privacy, and parents could circumvent to monitor their children's travels through cyberspace. The anti-circumvention laws will not go into effect for two years, until the Librarian of Congress, with advice from the Commerce Department, decides whether additional exceptions need to be made. Such exceptions would be reconsidered in a recurring process every three years, at which time new exceptions could also be created. The bill also defined broad freedom from liability for online and Internet service providers, like America Online <AOL.N>, which otherwise might have been held financially liable for copyright infringement by one of their millions of customers. Under the bill, service providers will not be held liable for violations they do not know of but if notified by a copyright holder, must take rapid action to shut down the alleged violator. However, if the copyright holder fails to pursue the claim in court within a few weeks, the alleged violator has the right to demand that online access be restored. The procedure "establishes a rational process that will enable service providers to move quickly against copyright violations discovered on their systems without forcing them into the impossible task of monitoring millions of transmissions," said Tim ...
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