Fairly Symmetrical

There's a couple of encouraging developments in the War on Fair Use. Two bills have been introduced to Congress (though they will almost certainly sit still until the next session) which would return significant Fair Use rights to consumers of digital media, mostly removed by the DMCA. The first is the Digital Choice and Freedom Act. The DCFA would explicitly provide consumers with the same Fair Use rights with digital media they enjoy with analog media (such as cassettes and VCR tapes), among them the right to make personal copies and compilations.

The second act in question is the Digital Media Consumers' Rights Act. This act would counteract the portions of the DMCA which make circumventing copy-protection schemes illegal even for uses previously covered under Fair Use. Essentially the act would make it legal to bypass the copy protection on a DVD in order to make a backup copy or to extract clips from the film for use in a personal compilation. (Currently even attempting to bypass such protections is illegal.) This has very, very important consequences for digital research—there have been a number of important cases where legitimate academic researchers have had their research shut down (or chilled, which amounts to the same thing proactively) by the threat of prosecution. The bill also would extend some pretty strong protection to devices which merely are "capable of enabling significant non-infringing use of a copyrighted work", in stark contrast to the DMCA's inverse requirement.

As noted, the bad news is that neither of these bills will go anywhere until next session—and in fact, probably neither will be passed. The hope is that by introducing two such bills, Congress will be forced to address the issue somehow—preferably by repealing or significantly reworking the DMCA itself.

This provides a unique opportunity, since there is an election coming up, after all (nice timing by the bills' supporters). Send the candidates in your area letters or e-mails requesting that they clarify their stance on the two bills in question, and vote your conscience. It's time the consumers had a say in the Rape of Copyright.

Saw this via Ars Technica.