A couple of days ago, I commented that I could not understand why the telecom companies supported H.R. 107.

Further study has increased my perplexity. The bill would add to the copyright law provisions that "it is not a violation . . . to circumvent a technological measure in connection with access to, or the use of, a work if such circumvention does not result in an infringement of the copyright in the work" and that "it shall not be a violation . . . to manufacture, distribute, or make noninfringing use of a hardware or software product capable of enabling significant noninfringing use of a copyrighted work."

It seems to me that this language would legalize the unlimited distribution of tools for people to use to take many of the services of the telecom companies without paying for them (a.k.a. "theft of service"). After all, the material transmitted is protected by copyright, and there are many "fair uses" I could make of it. Ergo, if someone wants to sell me a tool that allows me to tap into a cable or telephone line and capture this material so that I can write parodies about it -- H.R. 107 says, "Amen." And the legality of a tool to access premium cable content if I subscribe to basic is a slam dunk.

Or is there some subtlety here that I am missing?

posted by James DeLong @ 11:03 AM | General

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