IP: : Want to Burn a CD? Get a Law

[David Farber <dfarber () earthlink net>]

-----Original Message-----
From: Bob Hinden <hinden () iprg nokia com>
Date: Wed, 15 May 2002 09:23:30 
To: farber () cis upenn edu
Subject: Want to Burn a CD? Get a Law

For IP.

Bob

--------------------------------------------------------
 From Yahoo! News:

<http://story.news.yahoo.com/news?tmpl=story&u=/nm/20020514/wr_nm/column_pluggedin_dc_1>

PluggedIn: Want to Burn a CD? Get a Law
Tue May 14, 1:22 PM ET

By Peter Henderson

SAN FRANCISCO (Reuters) - Soon, if you want to mix your own music and copy 
it onto a compact disc for the gym or the road, you are going to need a lot 
more than a fancy CD drive for your computer. You are going to need a new law.

That, anyway, is the view of Internet pioneer turned virtual organizer Joe 
Kraus, who has proposed a technology "Bill of Rights" so consumers can 
legally copy music and television programs in the digital age, just as they 
have done for decades with audio and video tapes.

Digital music is so easy to copy it has spawned rampant piracy, and a wave 
of laws and bills aimed at stopping it, many of which are now being debated 
in Congress -- and Hollywood.

"Consumers are really losing these rights quickly and silently," says 
Kraus, who founded Internet portal <http://Excite.com>Excite.com but now 
works full time on DigitalConsumer <http://DigitalConsumer.org>.org, an 
online consumer advocacy group.

"We're all used to mixing tapes, we're all used to lending a book to a 
friend. All those things we're used to doing are in the process of being 
eroded," Kraus said.

Years after music-trading program Napster's debut -- and long after a court 
ordered it shut down for allowing piracy -- CD burning, the process of 
copying music and other media onto a compact disc, is hitting the mainstream.

Personal computer maker Gateway Inc. sells more than half its computers 
with drives which can write CDs, creating mixes of songs with perfect quality.

It is fine to do that, according to the legal concept of "fair use", which 
allows a person to copy content they have acquired, or a bit of content 
they don't own -- like quoting a book in a book review -- without 
permission of the copyright owner.

As it gets easier to make infinite, perfect copies with digital technology, 
copyright owners want to make this slightly fuzzy fair use concept cut and 
dried. Kraus argues they are going too far by taking aim at the technology 
itself.

For example, content makers want to limit copying of digital television and 
prohibit retransmission over the Net.

"If my son is in a TV commercial, I'm in New York and my wife is in San 
Francisco, I can't send a copy (of the commercial) to her via e-mail. The 
digital standards don't allow any retransmission over the Internet," says 
Kraus.

That's where the Bill of Rights comes in. It has six points, and he gives 
examples of what they mean:

-- the right to time-shift -- lets you watch a tape of a television show 
after it was broadcast

-- the right to space-shift, which means you're allowed to make your own 
CDs for personal use, like jogging or other out-of-home listening

-- the right to make backup copies

-- the right to look at content on the platform of your choice, meaning you 
can watch a DVD on a computer instead of a TV

-- the right to translate content into comparable formats, which would let 
a blind person read a book with a text-to-speech program

-- the right to use technology to secure the rights above: This is the 
kicker. Some new CDs can be read by audio CD players but not by computer CD 
drives. This would let you use a program to overcome that anti-copying 
technology, for instance. However, if you bought a license to a song for a 
weekend and then used technology to keep it longer, breaking the contract, 
you would not be protected.

Since it was founded in mid-March, DigitalConsumer has received requests 
from some 35,000 people to request more than 100,000 faxes in favor of the 
bill be sent to legislators, and Kraus hopes to find Congressional sponsors 
soon.

BUY HARDBACK, PAPERBACK FREE?

But consumers may also want to consider the argument of movie and music 
makers, who say unfairly broad fair use laws would give them no incentive 
to keep producing, since everyone would be sharing, not buying.

Cary Sherman, senior executive vice president and general counsel of the 
Recording Industry Association of America, a group of music and music video 
producers, endorses letting consumers copy their music onto computers and 
says the industry is working on ways to let that happen.

But the right to copying is not unlimited, he says. Kraus wants to be able 
to lend a digital book, but Sherman wants to stop people going into publishing.

"What now has changed such that if I buy it once, I'm entitled to use that 
content forever, in any format of my choosing? It means that if I buy a 
hardcover book, I'm allowed to get it in paperback without paying anything 
more so that I can have one at the beach house?" he asked.

"There are all these leaps of judgement here, just because technology has 
made it possible."

Gateway's Brad Shaw, senior vice president of marketing, declined to 
endorse the proposed consumer Bill of Rights, but he encouraged consumers 
to follow links on <http://www.gateway.com>www.gateway.com to 
DigitalConsumer and other advocacy groups.

"Get smart. Get out there and educate yourself," he said.



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