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

[Dave Farber <dave () farber net>]

------ Forwarded Message
From: Declan McCullagh <declan () well com>

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.mcginn () dittus com, 202-715-1558
Caroline Dietz, caroline.dietz () dittus com, 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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