Friday, February 25, 2005
FW: RIAA Filing in FCC Digital Audio Broadcasting Proceeding
Four months late, RIAA responds to an EFF ex parte in the Digital Audio Broadcasting proceeding to explain why the FCC should impose content protection on DAB receivers and recorders. For those of you writing Grokster briefs, this sentence goes a long way toward explaining how much is at stake, and how the intent of the content industry is to hobble every consumer technology:
"In short, the use of a DAB receiver/recorder to build a library of copyrighted sound recordings -- the recording industry's principal concern here -- is not protected against a claim of infringement by the fair use defense in Section 107 of the Copyright Act, and Commission's inclusion of a content protection requirement as part of its DAB rules is fully consistent with the Copyright Act."
"In short, the use of a DAB receiver/recorder to build a library of copyrighted sound recordings -- the recording industry's principal concern here -- is not protected against a claim of infringement by the fair use defense in Section 107 of the Copyright Act, and Commission's inclusion of a content protection requirement as part of its DAB rules is fully consistent with the Copyright Act."
