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This arrangement has worked well for all involved -- consumers, media moguls, and high technology companies. Now the mom son RIAA and MPAA want mom son to betray that legacy by passing laws that will regulate new technologies in advance and freeze fair use forever. If it wasn't a "customary historic mom son use," federal regulators will be empowered to ban the feature, prohibiting innovators from offering it. If the feature is banned, courts will never have an opportunity to pass on whether the activity is a fair use. Voila, fair use is frozen in time. We'll continue to have devices that ape the VCRs and cassette decks of the past, but new gizmos will have to be submitted to the FCC for approval, where MPAA and RIAA lobbyists can kill it in the crib. The new legislation, being circulated by Senator Gordon Smith (R-Ore.), is the first step down that path (and is eerily reminiscent of the infamous 2002 Hollings Bill).
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