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Big Biz may dictate how you are able to use your media in the future

One of our Storytellers for the Community Forum, Steven McDonald of RISD has pointed us to a great blog entry by William Patry, currently the Senior Copyright Counsel for Google, Inc. regarding important issues regarding the ways in which corporate copyright holders wish to change the way copyright law is handled in the U.S. Patry makes a great argument for why the methods of the RIAA and others could significantly change the way we purchase and own intellectual property in the future, and will in fact delegate great (legislative) power to these private corporations.

The entire blog entry can be found at : http://williampatry.blogspot.com/2008/05/anti-piracy-scam-canada-insulted-again.html

A brief excerpt to whet your appetite follows:

What governments need to understand is how enacting what U.S. corporations are demanding of them will work in practice. In ordinary legislation, a bill is drafted, its provisions are laid bare, and can be debated. The effect the provision can have may be debated, but ultimately the legislature makes a policy decision, and a law is passed. Those who are affected by the provision can read it (or have their lawyers read it) and determine how to shape their conduct to comply with the provisions' mandates. Those mandates cannot be expanded or changed except by another act of the legislature. DRMs and TMPs work very differently. Chapter 12 of title 17 delegates law-making power to the private sector. It is the private sector - to be specific, U.S. corporate interests -- that will determine, on a rolling, ever changing basis what conduct will be permitted; this includes what playback devices (e.g., DVD players, CD players, music and video enabled phones) can come to market and what functionalities they will have or not have; it also includes what uses we can make of lawfully acquired works: you buy a lawfully made DVD in England, sorry you can't play it in Canada; you purchased a download of a song, sorry you can listen to it only three times, or only on this device; you buy an eBook; sorry, you "bought" it only for two weeks, and only for play on a specific device (e.g., Kindle). None of this requires legislative approval: all of it -- and much much worse -- can be controlled through the rights granted in chapter 12 because those rights are rights to control access, broadly speaking and without being tied to acts that would otherwise violate the exclusive rights granted by copyright. Once chapter 12 is implemented into domestic law, it is U.S. corporate copyright interests that will shape what consumer goods can be used in your country and how citizens of your country will be able to access and use lawfully acquired copies of works. No legislature that is amending its copyright law should do so without understanding the momentous delegation of power they are handing to U.S. corporate interests.

- George Loftus

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October 6. 2008 02:44