A critical debate is underway in the courts, the Congress and federal regulatory agencies -- and decisions are being made within the content, electronics, and computer industries - about how to protect copyrighted material in new digital media. CDT seeks to offer a reasonable voice reflecting the interests of consumers and users, who deserve a role in these decisions so critically shaping their future access to music, videos, books and other content.
CDT is committed to the principle that copyrighted material should be protected from largescale unauthorized copying. Denying compensation to creators and distributors undermines First Amendment values in promoting expression, threatens the growth of new media and e-commerce, and does not support the consumer interest in a robust marketplace of content offerings. At the same time, resolving these issues should not come at the expense of reasonable consumer expectations regarding the use of copyrighted works or digital technologies, consistent with traditional copyright principles. Nor should it come at the expense of new and innovative communications networks, like the Internet, that hold out tremendous promise to promote expression, economic growth, and civic discourse.
Legal Brief Stresses Proper Limits of Secondary Copyright Liability - CDT, joined by groups from EFF to ITAA, told a federal court today that the law requires caution in assessing whether to impose copyright liability on the makers of multi-use technologies. In a legal brief filed in a lawsuit against the peer-to-peer file sharing service LimeWire, CDT and its allies did not take sides but rather urged the court to decide the case within the careful framework established by previous Supreme Court cases in this area. Those cases make clear that distributing a technology with "substantial noninfringing uses" should not raise rise copyright liability concerns, as long as the distributor does not actively promote the technology's use for infringement. Reinterpreting or expanding secondary copyright liability in ways that undermine this crucial limitation, the brief warned, it could significantly chill technological innovation. September 26, 2008
Share this articleCDT Joins Call for Transparency in Proposed I.P. Trade Agreement - CDT and numerous other domestic and international public interest organizations sent a letter yesterday pressing for public disclosure of specific provisions being considered by negotiators of the Anti-Counterfeiting Trade Agreement. The proposed treaty could touch on a range of intellectual property issues, including such broadly important topics as how I.P. enforcement regimes should address Internet distribution and information technology. But no draft text has been released. The lack of transparency, combined with an aggressive timetable aiming for a completed agreement by the end of the year, creates a serious risk that controversial provisions could be adopted with no meaningful opportunity for input or debate. September 16, 2008
Share this articleCDT Submits Comments in Music Licensing Rulemaking - In comments submitted today to the Copyright Office, CDT, EFF, Public Knowledge, and four other groups expressed support for the goal of providing greater licensing clarity to digital music services. That clarity could assist in the continued growth of the lawful online music market. The comments warned, however, that this goal could be undermined by rules that unnecessarily address controversial questions with important implications outside the music licensing context, such as the legal status of "buffer copies." CDT and its allies instead argued for a narrowly-tailored rule that would serve as a "safe harbor" covering any copies created in the course of providing a digital music service. August 28, 2008
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