Dave Horvath
5 Aug 2007 9:19
The Computer & Communications Industry Association (CCIA) has recently filed a complaint with the Federal Trade Commission (FTC) over the blatant and overused statements regarding copyright infringement. The CCIA states that consumers are constantly assaulted with harsh words that in a sense violate our rights. In a statement, a representative said, "Every time an American consumer opens a book, plays a DVD or watches a wide range of broadcast programs, he or she is confronted by strong language warning of what they are not allowed to do with that product."
The complaint with the FTC states that manufacturers of a lot of the products we use today are part of a stealth campaign to intimidate consumers from exercising their fair use rights with products they have purchased. the CCIA even sites the National Football League and Major League Baseball as two major offenders who have been using this tactic for many years during their television broadcasts. The CCIA contends that many of these statements released in books, DVDs, broadcasts and other forms of entertainment grossly misrepresent the laws contained in the Fair Use Act. "By design or effect, many of these warnings are misleading and harmful to millions of American consumers, customers and businesses," said a representative.
One section of the complaint to the FTC reads, "Uses of copyrighted works unauthorized by the copyright holder are not only permitted by federal law, they are actively encouraged by it. Section 107 of the Copyright Act, for example, encourages the unauthorized use of copyrighted works for various purposes, including criticism, commentary and news reporting. Under some circumstances, fair use permits the reproduction of an entire work by consumers."
Although their cause is noble, the CCIA needs to be careful at what waters they tread through. In a court, it is nearly impossible to tell whether or not something was reproduced to the effect of fair use prior to its reproduction. Additionally, siding with a decision from the US Supreme Court; if the CCIA pushes too hard with their copyright reform, it could be viewed that they inducing copyright infringement themselves and be held liable.
Source:
Technology News