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May 16, 2002

[BPDG Drafts]
Updated DigitalConsumer.org fair use proposal

Joe Kraus of DigitalConsumer.org has updated his organization's proposal for a fair use provision in the BPDG document.

The new proposal suggests the following statement on users' fair use rights:

"The requirements imposed in this document, and in Sections 1201 - 1205 of the Copyright Act as applied to an Authorized Digital Output Protection Technology and an Authorized Recording Method, shall not be construed to preclude or limit a User's right and ability to make a fair use (as defined in Section 107 of the Copyright Act and construed by courts) of Unencrypted Digital Terrestrial Broadcast Content."

There is also a proposal for Table A criteria:

In addition, we would like to see the following added to the criteria for inclusion on Table A.

"The technology must, if technically possible, permit a User to make fair use of Unencrypted Digital Terrestrial Broadcast Content without the need to circumvent the technical protection, including without limitation encryption, placed upon such content by such technology."

Posted by Seth Schoen at 11:02 PM