Tuesday, June 06, 2006

The coalition to fight SIRA

The EFF has a copy of a letter sent today to Reps. Lamar Smith and Howard Berman from a diverse group of companies and non profit oganizations that oppose SIRA. From the letter:
The bill appears to establish, for the first time, that every incidental, server, cache, network and buffer copy made in digital transmission systems, digital networks, and computers and other personal consumer equipment is subject to the control of copyright owners and must be licensed. The bill erroneously suggests that interactive public performances of sound recordings are “digital phonorecord deliveries” (i.e., a transfer of ownership) subject to license for reproductions of copies. The bill goes so far as to provide that even noninteractive public performances require licenses for such copies. There is no justification to so penalize streaming, or, indeed, any other type of licensed transmission made via internet or any digital communications network, based on such a technicality. Virtually every digital transmission and display technology requires some degree of caching or buffering. Such caching or buffering is integral to the nature of digital technology in order for the consumer to hear or display data. These caches and buffers must be made by the transmitting entity, the transmission conduit (an ISP or online service provider) and/or consumer software or hardware, or else digital transmissions simply are not feasible. Where a transmission is lawfully made, there is no basis for giving copyright owners added control because of incidental copies that have no independent economic value apart from the performance itself.

The bill also appears to establish, for the first time, that every digital performance or display also is a distribution, for which the transmitter must take additiona licenses, and potentially pay duplicative fees, for consumer conduct that long has been considered private, noncommercial “fair use.”



You can read the entire letter here (PDF). Some of the signers include Bell South, Radio Shack, Sirius, and XM.

2 Comments:

At 7:43 AM, Anonymous said...

[quote]Section 115 reform is only "the worst bill you've never heard of" if you don't understand mechanical copyright or compulsory licenses, insist on taking words and phrases out of context and garnishing them with heaps of paranoia. And most of all, forget the fact that it's an opt-in arrangement for a specific kind of digital media distributor - not for you or me.[/quote]

http://www.theregister.co.uk/2006/06/07/another_effing_own_goal/

 
At 7:55 AM, Mr_Informer said...

[quote]Section 115 reform is only "the worst bill you've never heard of" if you don't understand mechanical copyright or compulsory licenses, insist on taking words and phrases out of context and garnishing them with heaps of paranoia. And most of all, forget the fact that it's an opt-in arrangement for a specific kind of digital media distributor - not for you or me.[/quote]

http://www.theregister.co.uk/2006/06/07/another_effing_own_goal/

 

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