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Zoe Lofgren: a massive digital revolution is unfolding before our very eyes. Like most breakthroughs in the past, this revolution has…

On the recordMarch 4, 2003
a massive digital revolution is unfolding before our very eyes. Like most breakthroughs in the past, this revolution has provoked deep concern and suspicion within the entertainment industry. In response Congress enacted the Digital Millennium Copyright Act. However, the law is flawed. It threatens fair use and First Amendment rights by imposing strict liability on the circumvention of technical restrictions. It has the potential to destroy the First Sale doctrine and to extend copyright terms in perpetuity. And in practice, it has chilled technological development and competition. That was especially evident last week when a Federal judge, citing the DMCA, issued an injunction chilling competition in the market for printer cartridges which have nothing to do with copyrights. Today I am introducing the BALANCE Act of 2003 which seeks to restore the traditional balance of copyright law. I hope this bill will help move all parties toward the ultimate goal, a robust digital marketplace where DRM protects copyright holders, where the IT industry has freedom to create new and exciting devices and where consumers are given a broad array of lawful alternatives that are affordable, reliable, secure, and respectful of their legal rights and expectations.
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Zoe Lofgren
Democratic · California

Editor's note · Context

Introducing the BALANCE Act of 2003 to address issues with the Digital Millennium Copyright Act.

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