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| column, radiohead, alt. rock, washington, assault, zoe, sound sample, auckland, high, mom and son., electro, digitalrights, eggers, bill gates, nw, independent, mother fucking her son porn, seattleweekly, | 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). It would impose a broadcast flag samuel jackson mandate on all future digital TVs and radios, much like legislation discussed by the House last year. We've covered the broadcast flag and radio flag extensively in the past. These measures would impose federal regulations on all devices capable of receiving samuel jackson digital television and digital radio signals. What's worse, the regulations won't do a thing to stop "piracy," since there are plenty of other ways to samuel jackson copy these broadcasts. Sen. Smith's bill would retroactively ratify the FCC's broadcast flag regulations, rejected by the courts last year. This effort to impose content protection mechanisms in all future TVs is still just as terrible an idea now as ever. |
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| In 2000, no iPod. Fair use has assault always been a forward-looking doctrine. It was meant to leave room for new uses, assault not merely "customary historic uses." Sony was entitled to build the VCR first, and resolve the fair use questions in court later. This arrangement has worked well for all involved -- consumers, media moguls, assault and high technology companies. Now the RIAA and MPAA want 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 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. |
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