February 28th, 2007

Boucher renews attack on the DMCA

Posted in  Intellectual Property 
Author: Tom Giovanetti || Location: Lewisville, Texas, USA

Rep. Rick Boucher (D-Barbary Coast) has renewed his attack on the Digital Millennium Copyright Act (DMCA) by reintroducing his bill, this time named the "Fair Use Act."

Although the actual name of the bill is a case study in Congress' hyperbolic and overly-cute legislative naming practices: The Freedom and Innovation Revitalizing U.S. Entrepreneurship Act of 2007. Get it? FAIR USa?

It will be news to most of the economy to hear that freedom and innovation need revitalizing right now, but it would be delusional to think that this legislation is a step in that direction. In fact, this bill will hinder innovation, at least in the creation of content.

IPI has already pretty much exposed the folly in this approach with two publications last year, itemized below. We'll have more to say, publication-wise, on this topic in a couple of weeks. Stay tuned.

Will Congress Circumvent the DMCA? by Richard Epstein

A Bad Trade: Will Congress Unwittingly Repeal the Digital Millennium Copyright Act and Violate Our Trade Treaties? by Lee Hollaar