Napster battle shifts to Capitol Hill
By Patrick Ross
Staff Writer, CNET News.com
February 13, 2001, 11:05 a.m. PT
http://news.cnet.com/news/0-1005-200-4807208.html?tag=prntfr
WASHINGTON--In the wake of a federal appeals court decision that puts
Napster even further on the defensive, the next
battleground over digital downloading and its related intellectual property
debate could occur in Congress, with a possible
rewrite of a copyright law only 2 years old.
Last year, the highlight of the Napster debate in Congress came when
conservative Senate Judiciary Committee Chairman
Orrin Hatch, R-Utah, explained to anti-Napster advocate and Metallica
drummer Lars Ulrich that they were soulmates, as
Hatch has recorded gospel albums. The debate will be more rigorous this
year, however, as Congress no longer can count on
the courts to protect copyrights while pleasing the millions of Americans
who enjoy free downloads.
At issue is the Digital Millennium Copyright Act, which detailed protections
for content in the satellite and cable industries but
left open to interpretation a great deal of intellectual property law
regarding the Internet. This was partly intentional, but some
members argued that the resulting ambiguity could lead to a rewrite. Others
involved in authoring the act cautioned that change
may not come quickly.
"I would say that's not at all likely this year," said Rep. Robert
Goodlatte, R-Va., co-chairman of the House Internet Caucus,
referring to the movement of Napster-related legislation. Goodlatte and
other members were attending an all-day conference on
Capitol Hill sponsored Monday by Comdex and clearinghouse Web site
TechIssues.net, the same day a federal appeals court
in San Francisco signaled that Napster must shortly police its service for
copyright violations.
Goodlatte may find resistance on that position from his fellow co-chairman,
Rep. Rick Boucher, D-Va., who late last year
introduced a bill that could make some controversial online music services
legal, which he hoped would generate a debate on
digital downloading this year.
Sympathy for downloaders has limits
Republican Billy Tauzin, the self-described "Rajun Cajun" from Louisiana who
just took over as chairman of the House
Commerce Committee, said he's seen up close what Napster can do. His sons
are addicted, he said.
"They tell me, 'Dad, don't you put that company out of business,'" he said
Monday. But he has a direct response for them. "If
every artist knows they'll sell one copy of their music" with copies then
sent across the Internet, he says he asks his sons in
return, "how many artists are going to continue to release their music?"
Tauzin believes Congress has an important role to play in sorting out
intellectual property and copyright law in a digital world.
"Along with online privacy and security," he said, the most critical
technology facing legislators "is protecting creativity...The
question is, how do we cut that fine line between fair use and protection?'"
Newly elected Sen. George Allen of Virginia, who has assumed the
chairmanship of the Senate Republican High-Tech Task
Force, said the Napster issue was a hot topic at last week's task force
meeting. The consensus?
"We need to make sure copyrights are protected," said Allen, adding that the
issue goes beyond Napster to the larger issue of
piracy domestically and abroad.
But Goodlatte said that before any action can take place, "we're going to
want to see how this appellate decision actually
works."
"I think this decision will keep pressure on all of the parties to come
together to find a way to do business together," he said,
not just in music but in numerous intellectual property industries.
Mitch Glazier, chief lobbyist for the Recording Industry Association of
America, agreed.
"Instead of the copyright holders dipping their big toes into the pool" to
offer music online, he said, "they may jump in knowing
they now have copyright protection...I think you'll see the acceleration of
content being released regardless of legislation."
Still, politicians ultimately answer to citizens, and the court decision
Monday has left tens of millions of Napster members
frustrated.
"We'll be hearing from a huge number of Napster fans," Goodlatte
acknowledged. But he said what he took away from the
court decision is that "copyrighted material is valuable."
************************************************************************************
Distributed through Cyber-Society-Live [CSL]: CSL is a moderated discussion
list made up of people who are interested in the interdisciplinary academic
study of Cyber Society in all its manifestations.To join the list please visit:
http://www.jiscmail.ac.uk/lists/cyber-society-live.html
*************************************************************************************
|