H.R. 1201: Where’s the Fire?

U.S. Representatives Rick Boucher and John Doolittle have reintroduced legislation to amend the DMCA.  In a joint  statement  they argue the amendments are necessary in order to "protect the fair use rights of users" and ensure that America is a "world leader in technological innovation."  Since its enactment, Rep. Boucher has consistently proffered ominous warnings about how the DMCA will allow copyright owners to lock up their works and force consumers to pay high prices and endure unbearable inconvenience when using digital media.

But, let’s be honest.  Since 1998, the online marketplace has exploded.  Consumers have access to nearly limitless numbers of works. Movies, books, music, games, television, and software are all available online in a wide range of prices and convenient uses.  Demos, subscriptions, or ala carte.  PC, console, iPod, phone, tv, satellite radio, Tivo or PDA.  Consumers have choices- LOTS of CHOICES.

Technological innovation has certainly grown exponentially in the last decade as well.  Every year the Consumer Electronics show in Las Vegas undermines the argument that makers of hardware devices are hesitant to create products for fear of being sued by evil copyright owners.

Sticking with the truth, interoperability of all works on all devices is not yet a reality.  But, I’m sure we will get there.  Copyright owners and hardware manufacturers want us- or actually our money.  That alone has and will continue to get them to the negotiating table.  And the result is always a win for the consumer.

Like it or not, Rep. Boucher’s dooms day predictions about the DMCA have not been realized.  American innovation is thriving and consumers are inundated with digital media. H.R. 1201 is simply like calling the National Guard to put out a garden fire.