Mudcat Café message #176826 The Mudcat Café TM
Thread #18045   Message #176826
Posted By: GUEST
11-Feb-00 - 04:40 PM
Thread Name: BS: copywright question - not mudcat related
Subject: RE: BS: copywright question - not mudcat related
17 U.S.C. #1008 reads:

"No action may be brought under this title alleging infringement of copyright based on the manufacture, importation, or distribution of a digital audio recording device, a digital audio recording medium, an analog recording device, or an analog recording medium, or based on the noncommercial use by a consumer of such a device or medium for making digital musical recordings or analog musical recordings."

As I read between the lines, the following questions come to mind:

(a) It says that no action may be brought alleging infringement of copyright. Does the wording leave open the chance of bringing actions alleging "circumvention", failure to incorporate a Serial Copy Management system, failure to pay the prescribed royalties on digital audio media, or some other thing ?

(b) It says that no action may be brought based on the noncommercial use by the consumer...of a device. Does this leave open the option of bringing actions based on someone's commercial activities ?

(c) It says that no action may be brought based on distribution of devices or media. Does providing the use of a device in some way that doesn't constitute "distribution" fall through the legal cracks ?

(d) It says "no action shall be brought", not that copyright has not been infringed. Did the drafters of this section want to leave open the question of whether private copying is an infringement, in order to allow the powerful interests maximum leeway for restricting private uses on other fronts ?

If I were in annap's place I'd take these questions to a copyright lawyer. Not just any copyright lawyer; I'd try to find one with experience in digital copyright issues.

T.