[dvd-discuss] The 2nd Front

[Jim Bauer <jfbauer(at)home.com>]

There has been a lot of effort expended on fighting
the DMCA in court.  Unfortunately, success has been rather,
uh, uh, limited.  But I haven't seen much on fighting this
battle from the other end.  i.e. getting the law itself
re-written.  I don't pretend to think this will be easy,
but every little bit helps.  Here are the steps as I see them.

1) Outline problems with current law.  Much of this has been done.
2) Come up with changes that would improve things.
3) Find a sympathetic senator and representative.
4) Propose the changes to them.

I think for this is to work, the proposal has to appear to
not be to significant of a change or else it'll meet
too much resistance.  But, of course, it will have to be
rather significant to be of any good.

I started writting up some proposed changes.  This is what I
have so far.

                      -----------------------
Purpose

        To restore the delicate balance between copyright holders
        and the public.


1201(a)(1)(A)

        Insert "for the purpose of copyright infringement" after the
        word "measure".

        [No person shall circumvent a technological measure for the purpose
        of copyright infringement that effectively controls access to a work
        protected under this title. The prohibition contained in the
        preceding sentence shall take effect at the end of the 2-year
        period beginning on the date of the enactment of this chapter. ]



1201(a)(3)(A)

        Insert "for the purpose of copyright infringement"
        after the word "owner".

        [to ''circumvent a technological measure'' means to descramble
        a scrambled work, to decrypt an encrypted work, or otherwise to
        avoid, bypass, remove, deactivate, or impair a technological
        measure, without the authority of the copyright owner for the
        purpose of copyright infringement; and ]

1201(a)(3)(C)

        New paragraph.  "'authority of the copyright owner' means
        permissions granted via any contractual means or via sale,
        or re-sale of a copy of any copyrighted work.

1201(b)(1)(A)

        Insert "copyright infringement by" before the word "circumventing".

        [is primarily designed or produced for the purpose of copyright
        infringement by circumventing protection afforded by a
        technological measure that effectively protects a right of a
        copyright owner under this title in a work or a portion
        thereof;]


1201(c)(5)

        Add new sub-section as follows.  "Nothing in this section
        shall interfere, or otherwise affect a legitimate owner of a
        copy of a copyrighted work from using whatever means necessary
        to access, view, excerpt, quote, backup, archive, or resell
        the work."

                      -----------------------


-- 
Jim Bauer, jfbauer@home.com