P2P AND DTV HEARINGS KEEP HILL BUSY AS SESSION NEARS CLOSE
Next 2 weeks will see multiple hearings on Capitol Hill related to copyright and CE issues, despite impending end of 107th Congress. It will shut down no later than 3 weeks from now, possibly to return for lame-duck session after Nov. elections, but perhaps not in any concrete way until Jan. if long-term continuing resolution is passed. That isn’t stopping lawmakers from holding hearings on bills they want to promote, although in almost every case their push won’t have any payoff until next Congress. As many as 4 hearings in next few weeks will deal with digital rights management (DRM), including online peer-to-peer (P2P) file-sharing, DTV copy protection.
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Anticipation already is building for hearing on HR-5211, bill by House Judiciary Courts, Internet & Intellectual Property Subcommittee ranking Democrat Berman (Cal.) and co-sponsored by subcommittee Chmn. Coble (R-N.C.). Bill would allow copyright owners to use technology to thwart sharing of their content through P2P networks. Coble and Berman are holding hearing Thurs. on bill, with friendly panel of witnesses featuring RIAA Chmn. Hilary Rosen, recording industry and executive who designs technology that’s used by recording industry. Another witness, Public Knowledge Pres. Gigi Sohn, is opposed to bill but has positioned her new advocacy group in middle of debate and doesn’t defend unauthorized file sharing of copyrighted works.
Multiple parties plan to submit written testimony to subcommittee, including StreamCast Networks, maker of Morpheus software. CEA Pres. Gary Shapiro made strong speech defending file sharing last week that has been praised by many in P2P community. Shapiro, also head of Home Recording Rights Coalition, told Optical Storage Technology Assn. meeting in San Francisco that “content community has gone on a scorched earth campaign attacking and burning several new recording and peer-to- peer technologies. They have used the Congress, media and courts to challenge the legality of technology and morality and legality of recording.” “Lawsuits have shut down file-sharing services like Napster and Aimster, and threaten peer-to-peer networks like KaZaa and Morpheus,” he said, even though he argued much of file sharing that occurred fell under fair use. He also said file sharing wasn’t immoral, because that position would mean accepting “that copyrighted products are governed by the same moral and legal principles as real property.” Phil Corwin, outside attorney for KaZaa creator Sharman Networks, said: “I've been making those arguments for years, but I'm not the head of a major trade association.” Hearing is Sept. 26, 10 a.m., Rm. 2141, Rayburn Bldg.
Broadcast flag, DRM tool viewed as most easily attainable, will be part of debate in House Telecom Subcommittee. Full committee Chmn. Tauzin (R-La.) and ranking Democrat Dingell (Mich.) are circulating draft legislation that, among other things, would task FCC with rulemaking to mandate that digital sets be able to process flag, which would be inserted by broadcasters to limit reproduction of their digital signal. FCC said last month it was considering such rulemaking, although CEA has questioned whether agency has regulatory authority to do so. Tauzin-Dingell bill would remove that doubt. Electronic Frontier Foundation (EFF) Senior Intellectual Property Attorney Fred von Lohmann called draft bill “hostile to innovation, consumers and fair use” by putting TV makers “under the thumb of federal technology regulations.” That hearing will be Sept. 25, 10 a.m., Rm. 2123, Rayburn Bldg.
Other hearing that could have DRM discussions is in House Telecom Subcommittee plans look at recording industry marketing practices, with focus on record labeling, Oct. 1, 10 a.m., Rm. 2123, Rayburn Bldg. That session originally was to be Sept. 30 as field hearing in Edwardsville, Ill., which is in district of subcommittee member Shimkus (R).