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Anti-home recording bill

p2p news / p2pnet: Bill HR 4861, the Audio Broadcast Flag Licensing Act Of 2006, boils down as another element in entertainment and software cartel plans to gain complete control over what you see, hear and do both online, and off.

It calls on the US FCC (Federal Communications Commission) to impose restrictions on in-home, private, personal, and recording from digital radio services.

Dressed up as a narrow bill giving the FCC ‘limited authority‘ over new HD radios and satellite radios from XM and Sirius, in reality, it’s a, "fundamental attack on traditional home taping practices that consumers have engaged in since the first analog cassette recorder reached the U.S. market in 1964, and the reel-to-reel recorder decades before," says Home Recording Rights Coalition chairman Gary Shapiro.

Like other proposals supported by the RIAA (Recording Industry Association of America) the bill isn’t just a "flag" proposal meant to preventing mass redistribution of music online, he says.

Rather, it gives the FCC remote control over consumers’ right to engage in reasonable and customary "unauthorized" recording, even in the privacy of their homes for noncommercial purposes, he says. Virtually all home recording is "unauthorized" by copyright owners but as the Supreme Court held in the Betamax case, that doesn’t translate into "unlawful".

"Exercising their ‘fair use’ rights under the law, consumers have lawfully been making unauthorized tapes of music off the radio for more than 50 years," Shapiro declares, adding:

"In recent Congressional testimony, the head of the RIAA said ‘the one-way method of communication [enabled by HD radio] allows individuals to boldly engage in piracy with little fear of detection.’ In other words, the RIAA believes that when Members of Congress, their staff, and their constituents tape a song off the radio they have engaged in piracy and ought to be criminally prosecuted."

Also See:
limited authorityRIAA to Sirius, XM -, March 7, 2006

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9 Responses to “Anti-home recording bill”

  1. Reader's Write Says:

    “In recent Congressional testimony, the head of the RIAA said ‘the one-way method of communication [enabled by HD radio] allows individuals to boldly engage in piracy with little fear of detection.’ In other words, the RIAA believes that when Members of Congress, their staff, and their constituents tape a song off the radio they have engaged in piracy and ought to be criminally prosecuted.”

    Every word in this paragraph applies to all users of photocopiers, video tape recorders, printing presses, home computers, photographic cameras, video cameras, microphones, etc. All these devices can capture copyrighted visual and sound materials without fear of detection, when used privately, in the home basement.

    Thus we can translate this to saying that everyone should be criminally prosecuted. Since everyone will be found guilty, who will guard the jails?, with the guards jailed too.

    Judges and prosecutors should be exempted from prosecution, so at least trials can be held.

    Rafael Venegas
    http://www.gvenegas.com

  2. Reader's Write Says:

    This is not NJ, right? NO, well then here we go. Do they really believe that if I am given no choice I will turn my money in and buy their product. Hell NO! All these prohibitions, things that you can’t do at home, are impossible to enforce with current technology.

    Maybe in the future, as soon as you’re born, they’ll give you a droid to follow you around to make sure you don’t infringe (AKA find a way to prevent them from earning). Giving you your own cop to make sure you don’t infringe would be too expensive, besides you’d have to feed him/her doughnuts all day.

    If there were, in the future, a effective way to enforce all these @home prohibitions, I won’t be like “Oh crap! Honey, I am one dollar short of $13.99, and I really want to buy this CD, but my droid/cop is on my back all day, I’ve got no choice but to buy it, do you have some spare change?” No Foo King way, I have a fishing pole, and I love fishing, so I’ll go fishing, or something else.

    In no way however I will turn my money in because I have no choice, because I do have a choice.

  3. Reader's Write Says:

    except for computers running vista…but they are not real computers as you appear to just be paying for them but not really owning them.

  4. Reader's Write Says:

    “so I’ll go fishing, or something else. ”

    great! now you’ve admited that fishing is causing the RIAA money, now their gonna try to make fishing illegal. OR most likely lobby to add compulsory licensing, so you have to pay the RIAA every time you use a fishing pole, or buy a hook, or fishing line. It’ll be illegal to use non RIAA approved fishing gear (cause those creators wouldn’t have paid the compulsory licensing fee) …. just had to open that can o worms didn’t ya

  5. Reader's Write Says:

    You said… “just had to open that can o worms didn’t ya”

    But I need worms to go fishing :)

  6. Reader's Write Says:

    I think it’s interesting that the cartels are so insistant that copyright infringment be made illegal and attract excessive punishments. Why is it interesting? And why are they so determined to make so many people out there into criminals?

    Well think about it. Who were the only pppl to make money out of prohibition? Who are the only ppl making money out of the “war on drugs”? Who would make money out of this “war on copyright infringement”?

    That’s right. The mob. Interesting huh? Makes you wonder who the cartels really work for.

  7. Reader's Write Says:

    I don’t know about you folks but the tv and ppv is already a sorry mess. I can’t see where this is going to improve the appeal. I guess I long ago dropped out of what I felt was not worth the price.

    I don’t pirate the signal, don’t even have a cable hooked up nor an antenna wire to the tv. Honestly, for the prices they charge, I can’t see the value is enough to make it worth it. Now we are going to be looking at having to buy something to make the old analogs work? Ha! I guess I’m just going to be one of those without as I really don’t see it being worth the money. That’s without the consideration of if broadcast flag is there or not.

  8. Reader's Write Says:

    Also see :
    limited authority – RIAA to Sirius…

    Yes, that’s way to go !
    Sirius is a star 8.6 lightyears from earth. If only the RIAA could go there and LET OUR PLANET’S INHABITANTS FREE !

  9. Reader's Write Says:

    Don’t forget the various Prison Industries. The guards. The admin. The suppliers. The builders. The people that rent prisoners.

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