The RIAA (Recording Industry Association of America) has become active in the headlines again. On Wednesday, the RIAA announced their new anti-piracy initiative against alleged campus and nation-wide file-sharers. Remaining active, the RIAA has responded to the Boucher/Doolittle Fair Use Act, and like the duo's previous reform attempts, the chance for any DMCA reform appears to be rapidly approaching zero.

In order for any real DMCA (Digital Millennium Copyright Act) reform to come to fruition, it would need the backing of the entertainment industry. And since it's the entertainment industry who championed for the DMCA's existence and have fought vehemently to oppose any change, as suspected the new Boucher/Doolittle Bill will likely become another failed chapter in the endless copyright reform saga.

Yesterday, the RIAA released a statement which for all intents sealed the Fair Use Act's (HR 1201) fate. Although the Bill is only an amendment to the DMCA, the RIAA felt its implications were much more far reaching, and labeled it a "repeal". The Bill also contains language that would mitigate the liability of hardware and software manufacturers who create devices with "commercially significant non-infringing use". That would basically codify the Betamax decision, and negate the Grokster vs. MGM decision - bad news for the entertainment industry.

"H.R. 1201 would repeal the DMCA and legalize hacking. It would reverse the Supreme Court’s decision in Grokster and allow electronics companies to induce others to break the law for their own profit. And it would eliminate new lower-priced digital options for consumers in the marketplace," the RIAA statement reads.

Digital entertainment fans may be disheartened by the RIAA's position, but it was quick to note in their statement how the consumers have greatly benefited from the DMCA. Do you like your new iPod or Star Wars DVD collection? Don't thank Apple or George Lucas, thank the DMCA.

"The DMCA has enabled consumers to enjoy creative works through popular new technologies. The DVD, iPod and the iTunes Music Store can all be traced to the DMCA. Online games, on-demand movies, e-books, online libraries, and many other services are coming to market because of a secure environment rooted in the DMCA’s protections."

This is an odd statement since it was the RIAA who initially opposed the Rio MP3 player, and filed a lawsuit against Diamond Media seeking an injunction against its distribution. The RIAA eventually dropped its lawsuit and the DMCA was passed, allowing consumers to "enjoy" their iPods and DVDs.

As authorized music sales stall and CD sales continue to plummet, it's apparent that consumers are thanking entities other than the DMCA for their digital experience. Names such as Jon Lech Johansen and Muslix64 are likely much greater candidates for such recognition, as many feel their defeat of DRM (Digital Right Managment) has made digital entertainment enjoyable.

This story is filed in these Slyck News categories
Entertainment Industry :: RIAA
File-Sharing/P2P Related :: DRM

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