Copy Protection Issue
Hardware, software camps clash over copyright plan
By George Leopold, EE Times
Washington -- The hardware and software industries are clashing over proposed
legislation that would implement a global copyright accord approved last
year.
At issue is a provision in a House bill dealing with circumventing digital
copy protection schemes. The provision is backed by the Clinton administration,
software firms and other content providers seeking stronger protection for
their intellectual property as the Internet grows.
Industry groups here representing computer and consumer electronics manufacturers
said the provision is too broad and threatens to dictate which technologies
can be used in future consumer electronics products and even PCs.
The bill, H.R. 2281, was introduced July 29 by Rep. Howard Coble, R-N.C.,
chairman of the House Judiciary intellectual property subcommittee. The bill
implements two international copyright treaties approved by the World
Intellectual Property Organization (WIPO) in December. The legislation is
based on proposals from the U.S. Patent and Trademark Office, which promoted
similar legislation last year.
Coble's proposal is "a compromise because it's not completely what the content
providers wanted and it's not what the consumer electronics industry wanted,"
said Matt Glazier, the subcommittee's chief counsel.
Computer and consumer electronics groups lobbying against the provision disagree.
"We are very concerned that the legislation targets regulation of specific
technologies, rather than behavior and illegal acts," said Rhett Dawson,
president of the Washington-based Information Technology Industry Council.
ITI represents the U.S. computer industry, on-line service providers and
OEMs.
The group has proposed substitute language that would soften the bill's impact
on manufacturers. "We want to provide more balance [and make the bill] more
technology neutral." added ITI spokeswoman Jan Goebel.
Along with concerns about the bill's impact on the design of future consumer
devices, ITI's members are also concerned about liability issues. One proposal
under consideration to limit liability for violating digital copyrights is
a test that would exempt manufacturers from liability if a device contained
one "substantial" noninfringing application, congressional sources said.
U.S. officials said the proposal is too broad, and would undermine fundamental
copyright protections."
The U.S. consumer electronics industry joined in last week in opposing the
House bill, warning the anticircumvention provision would prohibit the use
of "any electronic components in the design of a recorder or computer that
fail to respond to any anticopy technology that a content owner might choose."
The Home Recording Rights Coalition, a lobbying group headed by the Consumer
Electronics Manufacturers Association (Arlington, Va.), criticized the House
bill's anticircumvention language as "contrary to the WIPO treaties themselves
and unreasonably threatening to the design of new generations of recording
devices and computers."
The debate over the anticircumvention provision is a repeat of a similar
fight last year. Legislation favored by the patent office failed to make
it out of the House Judiciary Committee.
(Next article.)
(c) 1997 CMP Media, Inc
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