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 Their latest attempt is a recently introduced House bill entitled the "Digital Media Consumers' Rights Act" (DMCRA) that, among other things, would allow consumers to make copies of DVD movies and other digital content for personal use. To be sure, this particular concept -- If I buy it, I should be able to copy it -- has been tested -- and tested again -- in numerous venues. The most recent occasion was in February, when a federal appeals court banned sales of a DVD-copying software The same concept also was shot down last October during the first review by the Library of Congress for exemptions from the Act. Fair Use of the Fair Use Provision? The issue at the heart of this debate is what, exactly, constitutes "fair use" of the technology. The application of the law is out of proportion to its original intent, says 321 spokesperson Julia Bishop-Cross. "The intent was to stamp out piracy -- it was never meant to stamp out fair-use rights of average Americans," Bishop-Cross told NewsFactor. On the other hand, recording companies and Hollywood movie producers can point with justification to countless examples of piracy and theft that have stemmed from personal copying and subsequent distribution on the Internet. DMCA Went Too Far Indeed, the yin and yang of this issue was dvd copy represented in Congress Wednesday, with both the head of the Motion Picture Association of America, Jack Valenti, and 321 Studios CEO Robert Moore testifying before the House Subcommittee on Commerce, Trade and Consumer Protection. A similar bill was introduced in the last Congress, but died on the vine. That could well be the fate of the bill now under consideration, although there appears to be a growing consensus that the DMCA went too far in curtailing consumers' uses -- to the advantage of the recording and moviemaking industries. "We went way overboard as a Congress in enacting that [1998] legislation," noted Republican Congressman John Doolittle of California, during the hearings. Doolittle is one of the authors of the consumer-rights bill, which "represents the first tangible opportunity to redress those wrongs," he said. Copyright © 2004-2005 AEPsoft Inc. - All Rights
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