This article is a good resource for those who want to know more about the most raised question – Should the prohibition in the Digital Millennium Copyright Act against breaking intellectual property safeguards be modified? Read along ..
I agree to the general consent that DMCA should be amended to shift its view from complete copyright protection to more fair use of consumer rights. But as the article states, FAIR USE act is just “watered down” version of more stringent DMCRA. I found this article by Tim Lee from arstechnica which explains more on this – FAIR USE Act analysis: DMCA reform left on the cutting room floor. The article says that the name FAIR USE is misleading, since the crux of the act is nothing substantial that it actually leads to fair use.
After reading the text of H.R. 1201 FAIR USE Act (110 Cong. 2007), I feel the same. There is no relation between the acronym and the actual content of the Act. I strongly oppose such moves that misleads the general public who is already confused with the way bills are passed in the Federal levels. As the article observes, “the meat of the bill…” is to ease tension among innovative companies to introduce new products with fear of those products being used for copyright infringement. So, I expect nothing great from “FAIR USE” act which would help the interested party to apply his fair use.
Wth this observation in the background, eventhough there is high need to have highly balanced DRM act by modifying the current DMCA, it is very hard to realize it – FAIR USE Act is only the tip of the iceberg. The most favorable situation to modify and restate the DMCA would be as the lecture says – “Only when people stop thinking of intellectual products as controllable property will it be possible to reconsider the legal structure”.