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BSA Pans Pro-Consumer BALANCE Act
Posted by Ren Bucholz on Friday, March 14 @ 03:43:19 EST Digital Millennium Copyright Act
Rep. Zoe Lofgren (D-CA) is in a precarious position. Representing much of Silicon Valley, Lofgren's corporate constituents are often at odds with the tech-savvy folks who actually go to voting booths. H. R. 1066, the BALANCE Act (introduced last year as the Digital Choice and Freedom Act), is an attempt to protect citizens' fair use rights while keeping certain protections for the big suits of the Valley. For example, the act restricts certain abusive licensing terms in a bid to protect consumers from shrinkwrap-shackles but exempts software vendors from the new rules. Even with this caveat, which would give them a competitive advantage vis-a-vis other copyright holders, the Business Software Alliance opposes the act:
"The bill would make a broad array of licensing terms unenforceable under statutory and common law. While the specific provisions do not apply to software, they apply to the types of licenses now common in our industry, and thus would send the wrong signal."
The act further authorizes circumvention of access controls for archival and other noninfringing uses. In other words, it would legalize backups and fair use even if you had to break through some kind of DMCA-sanctioned copy control. It's good stuff, and Lofgren needs all the help she can get. You can use the Electronic Frontier Foundation's action center to send your Representative a letter on the issue.
 
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