 |
 |
Error during command authentication.
Error - unable to initiate communication with LISTSERV (errno=10061, phase=CONNECT, target=127.0.0.1:2306). The server is probably not started.
Please excuse the inevitable cross postings. Margaret Webster Member, ARLIS/NA Public Policy Committee >Date: Fri, 27 Oct 2000 11:34:20 -0400 >Sender: [log in to unmask] >Precedence: bulk >From: NINCH-ANNOUNCE <[log in to unmask]> >To: Multiple recipients of list <[log in to unmask]> >Subject: COPYRIGHT: Rep. Boucher Statement: "Pay-Per-Use Society One Step > Closer" >Mime-Version: 1.0 >Content-Type: multipart/mixed; >boundary="============_-1239461632==_============" >X-To: [log in to unmask] >X-Sender: [log in to unmask] >X-Listprocessor-Version: 8.1 -- ListProcessor(tm) by CREN > >NINCH ANNOUNCEMENT >News on Networking Cultural Heritage Resources >from across the Community >October 27, 2000 > > > "PAY-PER-USE" SOCIETY ONE STEP CLOSER > Statement of Congressman Rick Boucher on "Anti-circumvention" Rulemaking > > >>Date: Fri, 27 Oct 2000 10:22:15 -0400 >>From: "Ruth Rodgers" <[log in to unmask]> >>To: Digital Future Coalition Discussion List <[log in to unmask]> >>Subject: [DFCLIST:28] Rep. Boucher's statement on 1201 >> >>Thought you all might be interested in seeing this. > >News from Congressman Rick Boucher >2329 Rayburn House Office Building, Washington D.C. 20515 > >FOR IMMEDIATE RELEASE >October 27, >2000 >CONTACT:Sharon Ringley (202) 225-3861 > >Statement of Congressman Rick Boucher > >"PAY-PER-USE" SOCIETY ONE STEP CLOSER >I regret the decision of the Librarian of Congress, acting upon the >recommendation of the Register of Copyrights, to reject the >recommendations of the Administration, concerned Members of Congress, >universities and libraries in announcing a decision that does not protect >traditional fair use rights. This disappointing decision has moved our >Nation one step closer to a "pay-per-use" society that threatens to >advance the narrow interests of copyright owners over the broader public >interest of information consumers. >In crafting section 1201(a)(1) of the Digital Millennium Copyright Act, >Congress sought to preserve the principle of "fair use" that has served >our Nation so well for more than a century. Unfortunately, based on the >advice of the Register of Copyrights, the Librarian of Congress today >announced his decision to limit the ability of ordinary consumers in most >cases to circumvent electronic security measures for the purpose of >exercising their non-infringing fair use rights. Consequently, any person >who circumvents a technological protection measure to gain access to >information to which he has a fair use right will be guilty of a crime. > >I was heartened recently when the National Telecommunications and >Information Administration in the U.S. Department of Commerce, speaking >for the Administration, so forcefully articulated the importance of >preserving fair use principles in the 21st century. NTIA made useful >recommendations to the Register of Copyrights for implementing section >1201(a)(1) in a manner which would have protected fair use rights. For a >moment, it appeared that the rulemaking might advance the interests of >information consumers. Those hopes have now been dashed. > >As NTIA recognized in its letter, one of the foremost concerns reflected >in the Congressional report upon passage of the DMCA was that changes in >the law could chill the exercise of consumersı traditional "fair use" >rights, and move us all toward a "pay-per-use" society. Congress >recognized that some limits had to be placed on the anti-circumvention >provisions of the DMCA to ensure that librarians, educators, the >scientific community, and other information consumers could continue to >gain legitimate access to a variety of works likely to be protected >through the use of technological measures. Section 1201(a)(1) was, >therefore, included to exempt from the prohibition on circumvention >"persons who are users of a copyrighted work which is in a particular >class of works, if such persons are, or are likely to be . . . adversely >affected by virtue of such prohibition in their ability to make >non-infringing uses of that particular class of works ..." The Librarian >was charged by the statute with defining the classes of works likely to be >at risk. > >Under this grant of authority, it should have been possible to exempt, for >example, copies of works purchased by universities and libraries when >their students or patrons subsequently seek to make non-infringing fair >use of those works. Unfortunately, the announced exceptions to the rule >are so narrow as to be practically meaningless. Fair use is not protected. > >There is little doubt that the 107th Congress will consider proposed >revisions to the DMCA. Given the importance of fair use to society as a >whole, my hope is that Congress will re-calibrate the DMCA to balance more >evenly the interests of copyright owners and information consumers. With >todayıs failure of the Library of Congress to protect the publicıs fair >use rights, Congress in its next session should act to prevent the >creation of a "pay per use" society, in which what is available today on >the library shelf for free is available in the future only upon payment of >a fee for each use. > >=========================================================================== >======== ><br> ><br> ><div>==============================================================</div> ><div>NINCH-Announce is an announcement listserv, produced by the National >Initiative for a Networked Cultural Heritage (NINCH). The subjects of >announcements are not the projects of NINCH, unless otherwise noted; >neither does NINCH necessarily endorse the subjects of announcements. We >attempt to credit all re-distributed news and announcements and appreciate >reciprocal credit.</div> ><br> ><div>For questions, comments or requests to un-subscribe, contact the >editor:</div> ><div><<a href="mailto:[log in to unmask]" >EUDORA=AUTOURL>mailto:[log in to unmask]</a>></div> ><div>==============================================================</div> ><div>See and search back issues of NINCH-ANNOUNCE at <<a >href="http://www.cni.org/Hforums/ninch-announce/" >EUDORA=AUTOURL>http://www.cni.org/Hforums/ninch-announce/</a>>.</div> >============================================================== ></blockquote></x-html> __________________________________________________________________ Mail submissions to [log in to unmask] Administrative matters (file requests, subscription requests, etc) to [log in to unmask] ARLIS-L Archives and subscription maintenance: http://lsv.uky.edu/archives/arlis-l.html Questions may be addressed to list owner at: [log in to unmask]