I'm not a big fan of the Induce Act, but with the qualifications that it now carries, it seems to me quite wrong to say that the Act would overturn the time-shifting use of recording devices, which is all that the Betamax case permitted.

Example: a DV recorder with a carousel that allows the user to make 100 copies at a time would pretty clearly be prohibited by this act, but one that can make only 1 copy at a time wouldn't. The one-copy DVR would never be in danger -- even though it was being used not for time-shifting but for space-shifting (e.g., taking a DVD copy on the road to watch on your laptop) unless in time it became clear to reasonable people that such devices were being used for "widespread" unauthorized copying other than for private, noncommercial, nonpublic use.

If that weren't enough, the bill specifically states that it shall not diminish the rule in the Betamax case. There might be other reasons reasons for opposing the Induce Act, but the idea that Ashcroft is going to confiscate your iPod isn't one of them.

This note may not be appropriate to the luau list, I don't know, but since action is being urged on the participants, I thought it would be helpful to adjust the focus knob on this issue.

LLAP,
Tony


[EMAIL PROTECTED] wrote:


Message: 2
Date: Tue, 28 Sep 2004 15:57:19 -1000
From: Jeff Mings <[EMAIL PROTECTED]>
Subject: [LUAU] Did you call?
To: LUAU <[email protected]>
Message-ID: <[EMAIL PROTECTED]>
Content-Type: text/plain; charset=ISO-8859-1; format=flowed

If you enjoy your iPod, your VHS player, your Tivo, and a whole slew of other products and conveniences that rely on fair use, or the freedom to use your purchased content in the manner you prefer, you _have_ to call your legislators and demand they oppose the Induce Act. It's coming up for a crucial vote tomorrow.

go to: http://www.savebetamax.org/eff/

and do your part to stop evil laws from screwing up your life.

Do it now, or your might forget later.

Thanks,
-Jeff




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End of LUAU Digest, Vol 7, Issue 22
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