Its Fair Use Till We Say Its Not.

Freaking MPAA. Do they just wake up in the morning trying to think of new ways to be a pain in everyone's ass? After spouting off last week about how they 'understand' and 'champion' fair use, and that its the device manufacturers are the problem, it didn't take long for the entertainment industry to show its true colors.

So you know fair use? Limited legal use of copyrighted material NOT requiring the permission of the rights holder. It boils the MPAA's blood. They'd probably outlaw watching movies with other people if they could. This limited use clearly includes personal backups of purchased material, which the MPAA seems to have reluctantly accepted.

But wait, the battle isn't over. There's something other than the content you paid for on those DVD's in your livingroom. That's right! Its DRM! Digital Rights Management, or in other words a pain in the ass that treats valid consumers like criminals, stripping their digital rights. Couple that together with the DMCA and you have quite the dynamic duo. The DMCA protects the DRM itself, not the copyright that the DRM is supposedly protecting. So now in cases where the copyright does not apply (ie. fair use) but the DRM is still in place, the DMCA makes it illegal to exercise your fair use rights.

How the hell did a piece of legislation like that get passed? That's like having one law that says you can tinker with your car; minor upgrades, change the oil, fill the wiper fluid. But also having another law that makes it illegal to open your own car's hood.

This is just one of the problems the DMCA provides by not requiring more accountability by the rights holders. Doesn't it seem like a piece of legislation that applies such broad powers to a concept should also restrict the instances where that concept is allowed to be implemented; so that the law doesn't overstep its jurisdiction?

If they can't produce a reasonable, well scoped protection system, they shouldn't be allowed to saddle us with one at all. Land mines are really good at preventing unlawful entry. I'm pretty sure I'm not allowed to surround my car with them in the Wal-mart parking lot.

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