[LUAU] Re: Did you call?

[tclapes]

I'm not a big fan of the Induce Act, but with the qualifications that it 
now carries, it seems to me quite wrong to say that the Act would 
overturn the time-shifting use of recording devices, which is all that 
the Betamax case permitted.

Example: a DV recorder with   a carousel that  allows the user to make 
100 copies at a time would pretty clearly be prohibited by this act, but 
one that can make only 1 copy at a time wouldn't.  The one-copy DVR 
would never be in danger -- even though it was being used not for 
time-shifting but for space-shifting (e.g., taking a DVD copy on the 
road to watch on your laptop) unless in time it became clear to 
reasonable people that such devices were being used for "widespread" 
unauthorized copying other than for private, noncommercial, nonpublic use.

If that weren't enough, the bill specifically states that it shall not 
diminish the rule in the Betamax case. 

There might be other reasons reasons for opposing the Induce Act, but 
the idea that Ashcroft is going to confiscate your iPod isn't one of them.

This note may not be appropriate to the luau list, I don't know, but 
since action is being urged on the participants, I thought it would be 
helpful to adjust the focus knob on this issue.

LLAP,
Tony


luau-request at lists.hosef.org wrote:

>
>Message: 2
>Date: Tue, 28 Sep 2004 15:57:19 -1000
>From: Jeff Mings <jeffm at lava.net>
>Subject: [LUAU] Did you call?
>To: LUAU <luau at lists.hosef.org>
>Message-ID: <415A167F.6040109 at lava.net>
>Content-Type: text/plain; charset=ISO-8859-1; format=flowed
>
>If you enjoy your iPod, your VHS player, your Tivo, and a whole slew of 
>other products and conveniences that rely on fair use, or the freedom to 
>use your purchased content in the manner you prefer,  you _have_ to call 
>your legislators and demand they oppose the Induce Act.  It's coming up 
>for a crucial vote tomorrow.
>
>go to: http://www.savebetamax.org/eff/
>
>and do your part to stop evil laws from screwing up your life.
>
>Do it now, or your might forget later.
>
>Thanks,
>-Jeff
>
>
>
>
>------------------------------
>
>_______________________________________________
>LUAU at lists.hosef.org
>http://lists.hosef.org/cgi-bin/mailman/listinfo/luau
>
>End of LUAU Digest, Vol 7, Issue 22
>***********************************
>
>  
>

-- 
  
Anthony L. Clapes
Technology Law Network
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www.dmpress.com/weblog.html <http://www.dmpress.com/weblog.html>