After the celebrated Napster case, which received a flak from the Internet Community despite the legal victory, the recording industry in USA is moving
in the direction of introducing technological barriers to Copyright protection.
It has been reported that the industry is now placing in the market
"Stealth CD s" that would make it impossible for copies to be made either
for use in a non CD device or on the Computer.
There is one view that the concept of "Fair Use" should include a permission
for the user to make copies to the extent that he may use the material
in a convenient device. This matter came up for discussion in the Adobe
E-Book case involving the arrest of the Russian programmer in USA recently.
Considering the logic behind copyright laws, it appears reasonable that
the Copyright holder should have rights to introduce protective devices
of his choice. This is better than releasing a freely duplicable material
and then taking selective action against some members of he community for
violation.
However, it must be ensured that adequate notice should be given to
the buyers that the material sold at a given price is restricted for use
in a particular manner. It would be unfair to release "Stealth CD s" where
the protected CDs and non protected CDs are released under one price and
without distinction.
Secondly, the protection should be "Non Destructive". ie, the attempted
use on an unapproved media should not either destroy the CD itself nor
the instrument so used. This would amount to "Punishment" which may be
unreasonable. Such consequences should in turn result in the punishment
of the company introducing the defective locking system.
It is therefore necessary that the "Padlocked CDs" should be brought
under some kind of legislative control defining the norms for such locking.
There is already an attempt in USA to introduce a legislation to make
it mandatory for such protection devices. While making the protection "Mandatory"
may have other undesirable consequences, it may be better to provide the
option subject to the requirements of reasonable notice and penalty for
causing any destruction of the material or equipment of the consumer.
Related Articles
CD
padlock strategy risks consumer anger..Silicon Valley
Campus
Music Trades Continue ..Wired News
Senator
Plans Anti-Piracy Copyright Legislation
Naavi
August 16 2001
