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Reply from Senator Carper
2/2/2007 7:25:00 PM

Just received this reply from Senator Carper.  Although it was kind of him to write such a detailed reply, I thought he hedged on both sides...

Dear Mr. Yanis:

Thank you for contacting me regarding S. 256, the PERFORM.  I appreciate hearing your views on this important issue.
 
As you probably know, the fair use doctrine in copyright law allows, under certain circumstances, the unauthorized use of copyrighted material.  The Copyright Act of 1976 establishes four criteria for determining whether or not an unauthorized use of a work violates the rights of the copyright owner.  These criteria are:  1) the amount and character of the use; 2) the nature of the copyrighted work; 3) the amount copied in relation to the whole copyrighted work; and 4) the effect of the copying on the potential market for the copyrighted work.
 
Courts have historically applied the fair use doctrine on a case-by-case basis in establishing an equitable balance between the rights of the copyright owner and the rights of those who use the copyrighted work without authorization.  However, court decisions have made it clear that it is the responsibility of Congress, and not of the courts, to strike an optimal balance between both sets of rights. 
 
Recent and rapid advancements in technology have renewed the debate in Congress over the appropriate balance between these sets of rights.  Through the Internet, consumers can attain virtually perfect reproductions of copyrighted works with a click of a mouse, and distribute works just as easily.  In response, Congress passed the Digital Millennium Copyright Act (DMCA) in 1998, to provide copyright owners protection from the rapidly growing communities of Internet users who participate in this unauthorized attainment and distribution of copyrighted works.  Critics of the DMCA believe that the Act went too far to protect the rights of the copyright owner.
 
Although I was not a member of Congress when it passed the DMCA, I agree that providing copyright owners protection from illegal use of technology should not come at the total expense of fair use rights.  Having said that, I believe that Congress needs to consider practical solutions that include preventing content piracy, keeping up with the exponential progress of technology, and upholding the fair use rights of content users.  
 
Last year, the U.S. government launched an education campaign to curb illegal copying of movies, music, and computer software.  According to recent reports, the Recording Industry Association of America lost an estimated $4.6 billion, and the Motion Picture Association of America lost $30 billion due to piracy last year.  As you know, Senator Dianne Feinstein (D-CA) recently introduced the PERFORM Act (S. 256), a bill to help combat copyright infringement.  It would expand the Justice Department's authority by allowing it to file civil copyright infringement cases against violators who intend to induce others to infringe copyrights. 
 
That being said, I would not support legislation that would prevent the advancement of technology, or that would prevent Americans from using every day technology, such as VCR's, file sharing networks, and Apple iPods.  At this time, S. 256 is currently pending in Senate Judiciary Committee.   If I have an opportunity to vote on S. 256 or similar legislation, please be assured that I will keep your views in mind.  Thank you again for expressing your thoughts regarding copyright law legislation in the age of the Internet.  Please feel free to contact me in the future regarding this, or another issue of importance to you.
 
With best personal regards, I am

Sincerely,

Tom Carper
United States Senator

Please do not respond to this email. To send another message please visit my website at http://carper.senate.gov/aemail.cfm and fill out the webform for a prompt response. Thank you.

Reply from Senator Biden
2/12/2006 6:52:00 PM

I've just received a reply from Senator Biden as well.  See below for my summary and comments.

Full Text: 

Dear Mr. Yanis:

Thank you for letting me know your thoughts on S. 256, the PERFORM Act. I appreciate our taking the time to share your views on this issue with me.

The PERFORM Act arises out of the development of new music-recording devices by the satellite radio companies. Satellite radio companies pay the recording industry a fee to broadcast songs, but they do not pay a fee to distribute those songs. However, these new devices permit satellite radio subscribers to record and aggregate songs heard over the satellite signals, with digital quality. The development of these devices means satellite radio is becoming more like lnternet download sites and less like conventional radio.

Senator Feinstein's bill, which l have co-sponsored, states that satellite companies offering devices that enable such a distribution of music must purchase licenses both to broadcast and to distribute from the content providers. This is to ensure that artists are compensated for displaced sales. Satellite radio is an exciting new service and a rapidly growing industry. Please know that I recognize how important it is that we take into account the impact on its development as we consider any new legislation. The PERFORM Act is currently before the Senate Judiciary Committee, and you can be sure I will keep your views in mind as the Senate considers this bill.

Again, thank you for letting me know your thoughts on this matter. I hope you will always feel free to contact me about issues that are important to you. Best wishes.

Sincerely,

Joseph R. Biden, Jr.
United States Senator

Translation and Summary:

Dear Mr. Yanis,

I am an obvious tool of the RIAA.  They have decided that they no longer like the contract that they fairly and legally negotiated with the satellite distributors.  Since they are unhappy, I plan on legislating them a situation more to their liking.  In addition, I plan on making this legislation intentionally overreaching, in order to ensure that their state-supported business model remains viable long into the future.

In closing: Suck it. Vote for me.

Reactions:

I'm surprised that he would be so blatant in his blind support of special interests.  Although Senator Carper didn't reassure me, he had the decency to mention Fair Use concerns.   Senator Biden has made it clear that he has no intention curtailing runaway copyright law.

I am disappointed by his choices and actions.  I encourage all Delawareans to remember this on election day.

 

Article
10/18/2005 2:57:00 PM
I know that these are already all over the internet, but it really is worth the time to read them:


Harrison Bergeron, by Kurt Vonnegut

THE YEAR WAS 2081, and everybody was finally equal.. They weren't only equal before God and the law. They were equal every which way. Nobody was smarter than anybody else. Nobody was better looking than anybody else. Nobody was stronger or quicker than anybody else. All this equality was due to the 211th, 212th, and 213th Amendments to the Constitution, and to the unceasing vigilance of agents of the United States Handicapper General.

Some things about living still weren't quite right, though. April for instance, still drove people crazy by not being springtime. And it was in that clammy month that the H-G men took George and Hazel Bergeron's fourteen-year-old son, Harrison, away.

It was tragic, all right, but George and Hazel couldn't think about it very hard. Hazel had a perfectly average intelligence, which meant she couldn't think about anything except in short bursts. And George, while his intelligence was way above normal, had a little mental handicap radio in his ear. He was required by law to wear it at all times. It was tuned to a government transmitter. Every twenty seconds or so, the transmitter would send out some sharp noise to keep people like George from taking unfair advantage of their brains.

George and Hazel were watching television. There were tears on Hazel's cheeks, but she'd forgotten for the moment what they were about.

On the television screen were ballerinas.

A buzzer sounded in George's head. His thoughts fled in panic, like bandits from a burglar alarm.

"That was a real pretty dance, that dance they just did," said Hazel.

"Huh" said George.

"That dance-it was nice," said Hazel.

"Yup," said George.. He tried to think a little about the ballerinas. They weren't really very good-no better than anybody else would have been, anyway. They were burdened with sashweights and bags of birdshot, and their faces were masked, so that no one, seeing a free and graceful gesture or a pretty face, would feel like something the cat drug in. George was toying with the vague notion that maybe dancers shouldn't be handicapped. But he didn't get very far with it before another noise in his ear radio scattered his thoughts.

George winced. So did two out of the eight ballerinas.

Hazel saw him wince. Having no mental handicap herself, she had to ask George what the latest sound had been.

"Sounded like somebody hitting a milk bottle with a ball peen hammer," said George.

"I'd think it would be real interesting, hearing all the different sounds," said Hazel a little envious. "All the things they think up."

"Um," said George.

"Only, if I was Handicapper General, you know what I would do?" said Hazel. Hazel, as a matter of fact, bore a strong resemblance to the Handicapper General, a woman named Diana Moon Glampers. "If I was Diana Moon Glampers," said Hazel, "I'd have chimes on Sunday-just chimes. Kind of in honor of religion."

"I could think, if it was just chimes," said George.

"Well-maybe make 'em real loud," said Hazel. "I think I'd make a good Handicapper General."

"Good as anybody else," said George.

"Who knows better then I do what normal is?" said Hazel.

"Right," said George. He began to think glimmeringly about his abnormal son who was now in jail, about Harrison, but a twenty-one-gun salute in his head stopped that.

"Boy!" said Hazel, "that was a doozy, wasn't it?"

It was such a doozy that George was white and trembling, and tears stood on the rims of his red eyes. Two of of the eight ballerinas had collapsed to the studio floor, were holding their temples.

"All of a sudden you look so tired," said Hazel. "Why don't you stretch out on the sofa, so's you can rest your handicap bag on the pillows, honeybunch." She was referring to the forty-seven pounds of birdshot in a canvas bag, which was padlocked around George's neck. "Go on and rest the bag for a little while," she said. "I don't care if you're not equal to me for a while."

George weighed the bag with his hands. "I don't mind it," he said. "I don't notice it any more. It's just a part of me."

"You been so tired lately-kind of wore out," said Hazel. "If there was just some way we could make a little hole in the bottom of the bag, and just take out a few of them lead blls. Just a few."

"Two years in prison and two thousand dollars fine for every ball I took out," said George. "I don't call that a bargain."

"If you could just take a few out when you came home from work," said Hazel. "I mean-you don't compete with anybody around here. You just set around."

"If I tried to get away with it," said George, "then other people'd get away with it-and pretty soon we'd be right back to the dark ages again, with everybody competing against everybody else. You wouldn't like that, would you?"

"I'd hate it," said Hazel.

"There you are," said George. The minute people start cheating on laws, what do you think happens to society?"

If Hazel hadn't been able to come up with an answer to this question, George couldn't have supplied one. A siren was going off in his head.

"Reckon it'd fall all apart," said Hazel.

"What would?" said George blankly.

"Society,"

said Hazel uncertainly. "Wasn't that what you just said? "Who knows?" said George.

The television program was suddenly interrupted for anews bulletin. It wasn't clear at first as to what the bulletin was about, since the announcer, like all announcers, had a serious speech impediment. For about half a minute, and in a state of high excitement, the announcer tried to say, "Ladies and Gentlemen."

He finally gave up, handed the bulletin to a ballerina to read.

"That's all right-" Hazel said of the announcer, "he tried. That's the big thing. He tried to do the best he could with what God gave him. He should get a nice raise for trying so hard."

"Ladies and Gentlemen," said the ballerina, reading the bulletin. She must have been extraordinarily beautiful, because the mask she wore was hideous. And it was easy to see that she was the strongest and most graceful of all the dancers, for her handicap bags were as big as those worn by two-hundred pound men.

And she had to apologize at once for her voice, which was a very unfair voice for a woman to use. Her voice was a warm, luminous, timeless melody. "Excuse me-" she said, and she began again, making her voice absolutely uncompetitive.

"Harrison Bergeron, age fourteen," she said in a grackle squawk, "has just escaped from jail, where he was held on suspicion of plotting to overthrow the government. He is a genius and an athlete, is under-handicapped, and should be regarded as extremely dangerous."

A police photograph of Harrison Bergeron was flashed on the screen-upside down, then sideways, upside down again, then right side up. The picture showed the full length of Harrison against a background calibrated in feet and inches. He was exactly seven feet tall.

The rest of Harrison's appearance was Halloween and hardware. Nobody had ever born heavier handicaps. He had outgrown hindrances faster than the H-G men could think them up. Instead of a little ear radio for a mental handicap, he wore a tremendous pair of earphones, and spectacles with thick wavy lenses. The spectacles were intended to make him not only half blind, but to give him whanging headaches besides.

Scrap metal was hung all over him. Ordinarily, there was a certain symmetry, a military neatness to the handicaps issued to strong people, but Harrison looked like a walking junkyard. In the race of life, Harrison carried three hundred pounds.

And to offset his good looks, the H-G men required that he wear at all times a red rubber ball for a nose, keep his eyebrows shaved off, and cover his even white teeth with black caps at snaggle-tooth random.

"If you see this boy," said the ballerina, "do not-I repeat, do not-try to reason with him."

There was the shriek of a door being torn from its hinges.

Screams and barking cries of consternation came from the television set. The photograph of Harrison Bergeron on the screen jumped again and again, as though dancing to the tune of an earthquake.

George Bergeron correctly identified the earthquake, and well he might have-for many was the time his own home had danced to the same crashing tune. "My God-" said George, "that must be Harrison!"

The realization was blasted from his mind instantly by the sound of an automobile collision in his head.

When George could open his eyes again, the photograph of Harrison was gone. A living, breathing Harrison filled the screen.

Clanking, clownish, and huge, Harrison stood - in the center of the studio. The knob of the uprooted studio door was still in his hand. Ballerinas, technicians, musicians, and announcers cowered on their knees before him, expecting to die.

"I am the Emperor!" cried Harrison. "Do you hear? I am the Emperor! Everybody must do what I say at once!" He stamped his foot and the studio shook.

"Even as I stand here" he bellowed, "crippled, hobbled, sickened-I am a greater ruler than any man who ever lived! Now watch me become what I can become!"

Harrison tore the straps of his handicap harness like wet tissue paper, tore straps guaranteed to support five thousand pounds.

Harrison's scrap-iron handicaps crashed to the floor.

Harrison thrust his thumbs under the bar of the padlock that secured his head harness. The bar snapped like celery. Harrison smashed his headphones and spectacles against the wall.

He flung away his rubber-ball nose, revealed a man that would have awed Thor, the god of thunder.

"I shall now select my Empress!" he said, looking down on the cowering people. "Let the first woman who dares rise to her feet claim her mate and her throne!"

A moment passed, and then a ballerina arose, swaying like a willow.

Harrison plucked the mental handicap from her ear, snapped off her physical handicaps with marvelous delicacy. Last of all he removed her mask.

She was blindingly beautiful.

"Now-" said Harrison, taking her hand, "shall we show the people the meaning of the word dance? Music!" he commanded.

The musicians scrambled back into their chairs, and Harrison stripped them of their handicaps, too. "Play your best," he told them, "and I'll make you barons and dukes and earls."

The music began. It was normal at first-cheap, silly, false. But Harrison snatched two musicians from their chairs, waved them like batons as he sang the music as he wanted it played. He slammed them back into their chairs.

The music began again and was much improved.

Harrison and his Empress merely listened to the music for a while-listened gravely, as though synchronizing their heartbeats with it.

They shifted their weights to their toes.

Harrison placed his big hands on the girls tiny waist, letting her sense the weightlessness that would soon be hers.

And then, in an explosion of joy and grace, into the air they sprang!

Not only were the laws of the land abandoned, but the law of gravity and the laws of motion as well.

They reeled, whirled, swiveled, flounced, capered, gamboled, and spun.

They leaped like deer on the moon.

The studio ceiling was thirty feet high, but each leap brought the dancers nearer to it.

It became their obvious intention to kiss the ceiling. They kissed it.

And then, neutraling gravity with love and pure will, they remained suspended in air inches below the ceiling, and they kissed each other for a long, long time.

It was then that Diana Moon Glampers, the Handicapper General, came into the studio with a double-barreled ten-gauge shotgun. She fired twice, and the Emperor and the Empress were dead before they hit the floor.

Diana Moon Glampers loaded the gun again. She aimed it at the musicians and told them they had ten seconds to get their handicaps back on.

It was then that the Bergerons' television tube burned out.

Hazel turned to comment about the blackout to George. But George had gone out into the kitchen for a can of beer.

George came back in with the beer, paused while a handicap signal shook him up. And then he sat down again. "You been crying" he said to Hazel.

"Yup," she said.

"What about?" he said.

"I forget," she said. "Something real sad on television."

"What was it?" he said.

"It's all kind of mixed up in my mind," said Hazel.

"Forget sad things," said George.

"I always do," said Hazel.

"That's my girl," said George. He winced. There was the sound of a rivetting gun in his head.

"Gee-I could tell that one was a doozy," said Hazel.

"You can say that again," said George.

"Gee-" said Hazel, "I could tell that one was a doozy."




The Right To Read, by Richard Stallman

For Dan Halbert, the road to Tycho began in college--when Lissa Lenz asked to borrow his computer. Hers had broken down, and unless she could borrow another, she would fail her midterm project. There was no one she dared ask, except Dan.

This put Dan in a dilemma. He had to help her--but if he lent her his computer, she might read his books. Aside from the fact that you could go to prison for many years for letting someone else read your books, the very idea shocked him at first. Like everyone, he had been taught since elementary school that sharing books was nasty and wrong--something that only pirates would do.

And there wasn't much chance that the SPA--the Software Protection Authority--would fail to catch him. In his software class, Dan had learned that each book had a copyright monitor that reported when and where it was read, and by whom, to Central Licensing. (They used this information to catch reading pirates, but also to sell personal interest profiles to retailers.) The next time his computer was networked, Central Licensing would find out. He, as computer owner, would receive the harshest punishment--for not taking pains to prevent the crime.

Of course, Lissa did not necessarily intend to read his books. She might want the computer only to write her midterm. But Dan knew she came from a middle-class family and could hardly afford the tuition, let alone her reading fees. Reading his books might be the only way she could graduate. He understood this situation; he himself had had to borrow to pay for all the research papers he read. (10% of those fees went to the researchers who wrote the papers; since Dan aimed for an academic career, he could hope that his own research papers, if frequently referenced, would bring in enough to repay this loan.)

Later on, Dan would learn there was a time when anyone could go to the library and read journal articles, and even books, without having to pay. There were independent scholars who read thousands of pages without government library grants. But in the 1990s, both commercial and nonprofit journal publishers had begun charging fees for access. By 2047, libraries offering free public access to scholarly literature were a dim memory.

There were ways, of course, to get around the SPA and Central Licensing. They were themselves illegal. Dan had had a classmate in software, Frank Martucci, who had obtained an illicit debugging tool, and used it to skip over the copyright monitor code when reading books. But he had told too many friends about it, and one of them turned him in to the SPA for a reward (students deep in debt were easily tempted into betrayal). In 2047, Frank was in prison, not for pirate reading, but for possessing a debugger.

Dan would later learn that there was a time when anyone could have debugging tools. There were even free debugging tools available on CD or downloadable over the net. But ordinary users started using them to bypass copyright monitors, and eventually a judge ruled that this had become their principal use in actual practice. This meant they were illegal; the debuggers' developers were sent to prison.

Programmers still needed debugging tools, of course, but debugger vendors in 2047 distributed numbered copies only, and only to officially licensed and bonded programmers. The debugger Dan used in software class was kept behind a special firewall so that it could be used only for class exercises.

It was also possible to bypass the copyright monitors by installing a modified system kernel. Dan would eventually find out about the free kernels, even entire free operating systems, that had existed around the turn of the century.. But not only were they illegal, like debuggers--you could not install one if you had one, without knowing your computer's root password. And neither the FBI nor Microsoft Support would tell you that.

Dan concluded that he couldn't simply lend Lissa his computer. But he couldn't refuse to help her, because he loved her. Every chance to speak with her filled him with delight. And that she chose him to ask for help, that could mean she loved him too.

Dan resolved the dilemma by doing something even more unthinkable--he lent her the computer, and told her his password. This way, if Lissa read his books, Central Licensing would think he was reading them. It was still a crime, but the SPA would not automatically find out about it. They would only find out if Lissa reported him.

Of course, if the school ever found out that he had given Lissa his own password, it would be curtains for both of them as students, regardless of what she had used it for. School policy was that any interference with their means of monitoring students' computer use was grounds for disciplinary action. It didn't matter whether you did anything harmful--the offense was making it hard for the administrators to check on you. They assumed this meant you were doing something else forbidden, and they did not need to know what it was.

Students were not usually expelled for this--not directly. Instead they were banned from the school computer systems, and would inevitably fail all their classes.

Later, Dan would learn that this kind of university policy started only in the 1980s, when university students in large numbers began using computers. Previously, universities maintained a different approach to student discipline; they punished activities that were harmful, not those that merely raised suspicion.

Lissa did not report Dan to the SPA. His decision to help her led to their marriage, and also led them to question what they had been taught about piracy as children. The couple began reading about the history of copyright, about the Soviet Union and its restrictions on copying, and even the original United States Constitution. They moved to Luna, where they found others who had likewise gravitated away from the long arm of the SPA. When the Tycho Uprising began in 2062, the universal right to read soon became one of its central aims.