Sunday, December 21, 2014
Search
  
Submit your own News for
inclusion in our Site.
Click here...
Breaking News
Samsung Introduces SE790C Curved Monitor
Chinese Motion-sensing VR Glasses Coming On Kickstarter
Kodak Returns To CES With Consumer Product Line
North Korea Suggests Joint Inverstigation With U.S. Over Sony Hacking
T-Mobile to Pay $90 Million To Settle Case With FCC
New Trojan Targetted Banks Wordlwide
FBI Confirms North Korea Was Behind Sony Hack
Apple Responds To BBC's Allegations Over Working Conditions In Chinese Factory
Active Discussions
Digital Audio Extraction and Plextools
Will there be any trade in scheme for the coming PSP Go?
Hello, Glad to be Aboard!!!
Best optical drive for ripping CD's? My LG 4163B is mediocre.
Hi All!
cdrw trouble
CDR for car Sat Nav
DVD/DL for Optiarc 7191S at 8X
 Home > News > Optical Storage > Forgery...
Last 7 Days News : SU MO TU WE TH FR SA All News

Thursday, August 01, 2002
Forgery Bill could criminalize copying!


Anticounterfeiting bill S2395 introduced in April by Senator Joseph Biden (D-Delaware) exited many groups' radar screens by the time it left the Senate Judiciary Committee in mid-July. The bill was originally designed to criminalize the forgery of a "physical feature" used for authentication on software, movies, and music--such as mock holograms created to make pirated CDs look legitimate.

But as the bill heads for a full Senate vote, critics are noting that a key word--physical--was dropped. The omission extends the proposal's reach from tangible trickery to digital dupery as well, an addition that some say the legislation is ill-equipped to tackle. It also raises concerns about fair-use rights, say some consumer advocates.

Digital authentication is computer code embedded into music, movies, or computer software that is meant to assure the user that the product is legitimate.

Biden's office says the change was made because digital and physical counterfeiting should be treated the same under law--in the case of this bill, that means a jail sentence of up to a five years and a fine as much as $25,000.

The bill wouldn't restrict consumers from making copies for their private use because the proposed legislation targets trafficking--meaning that copies need to be traded for value, a Biden aide says.

Creating Criminals?

However, some critics argue that the bill's language isn't specific enough to guarantee protection for all fair-use situations.

For example, libraries that trade digital works could, in theory, be sued under the bill, says Jonathan Band, a partner with the law firm Morrison and Foerster.

Band says the bill has become too broad and could accidentally hamper legitimate duplications, since many digital authentication materials will be embedded in the songs and software themselves. In that case, a user copying a song could, in effect, create fake authentication without even knowing it, he says.

Some feel dropping the word was unnecessary.

"This is essentially an attempt to rewrite the Digital Millennium Copyright Act through the back door," says Fred Von Lohmann, an attorney for the Electronic Frontier Foundation. Because the DMCA already addresses digital watermarking, a form of authentication, Von Lohmann says, "it's hard to see why this is necessary."

Biden's office counters that the bill is geared toward plugging a hole in the DMCA, not rewriting it.

"The DMCA does not explicitly criminalize trafficking in illicit authentication features. That is the primary purpose of this bill," says a Biden Judiciary staffer.

Hefty Support

The bill has some powerful backing in the Senate, with co-sponsors including Commerce Committee Chair Ernest Hollings (D-South Carolina) and Judiciary Committee Chair Patrick Leahy (D-Vermont). It is also supported by a number of Senate Republicans, including Orrin Hatch (R-Utah) and Strom Thurmond (R-South Carolina).

Now that the legislation has moved out of committee, the Senate leadership could chose to hold a vote on it as early as this week. "It could be any day now," says Biden spokesperson Chip Unruh.

However, a Democratic leadership spokesperson says a vote is more likely to occur after the Senate's August recess.

Similar legislation pending in the House of Representatives, HR5057, retains the "physical" qualifier.

"When they [Senate members] struck the word 'physical,' that fundamentally changed the legislation," says Brad Bennett, press secretary for House bill author Representative Lamar Smith (R-Texas).

"I would say Congressman Smith has concerns about including digital authentication to the bill," Bennett adds.

If the House and Senate legislation are passed in their current forms, a joint conference committee will need to work out their differences before returning the bill to both houses for a new vote.


Previous
Next
News: Reviews found elsewhere...        All News        News: Reviews found elsewhere...
News: Reviews found elsewhere...     Optical Storage News      News: Reviews found elsewhere...

Source Link Get RSS feed Easy Print E-Mail this Message

Related News
Pirate Bay Co-founder Sentenced To 42 Months Imprisonment
Search Engines Play A role In Piracy: study
UK 'Softens' Copyright Alert Program
U.S. Releases Trade Report On Worst Copyright Offenders
European ISPs May Be Ordered To Block User's Access To Pirated Content: court
Hotfile To Pay $80 Million In Settlement Case With MPAA
French Court Tackles Streaming and Download Sites
MPAA Lists The World's Most Notorious Markets For Illegal Film Distribution
Search Engines Encouraging Online Content Infringement: MPAA
France Drops Three-strikes Law
Australian Police Sized 80,000 Counterfeit DVDs
Web Piracy Does Not Affect Music Sales, Study Says

Most Popular News
 
Home | News | All News | Reviews | Articles | Guides | Download | Expert Area | Forum | Site Info
Site best viewed at 1024x768+ - CDRINFO.COM 1998-2014 - All rights reserved -
Privacy policy - Contact Us .