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May 10, 2002

[BPDG Drafts]
DigitalConsumer.org's fair use proposal

To: BPDG Members and Co-Chairs
From: DigitalConsumer.org
Re: Draft report of the Co-Chairs

The stated goal of the BPDG group is to prevent the unauthorized retranmission on the Internet of over-the-air digital broadcast television. However, the desire to prevent unauthorized commercial retransmission needs to be balanced with preserving a consumer's legal fair-use rights. Unfortunately, the current document and proposed technologies do the opposite. In an effort to prevent commercial retransmission, they eliminate many consumer rights entirely and prevent many perfectly legal consumer behaviors.

Therefore, in order to ensure that consumer's fair-use rights are adequately protected in the BPDG Co-Chair report, DigitalConsumer.org respectfully requests that the following language be added:

"For all purposes within this document, 'unauthorized retransmission' shall not refer to or include in its definition copying or transmission, within a local area network or a wide area network, of any content whose copying, manipulation, editing, or other use constitutes Fair Use by the owner of legally acquired media."

In addition, in section 12 outlining Table A guidelines, we request the following addition:

"No technology implemented under the guidelines shall be accepted and placed in Table A of approved technologies if its implementation or use impedes in the transmission of, or infringes upon the Fair Use rights of, the lawful owners of digital content."

Thank you very much.

Joe Kraus
Co-Founder, DigitalConsumer.org

Posted by Seth Schoen at 04:05 PM