[mythtv-users] Congress to Make Commercial Skipping Illegal

Lane Schwartz dowobeha at gmail.com
Tue Nov 16 15:25:03 UTC 2004


On Tue, 16 Nov 2004 09:53:06 -0500, George Galt <george.galt at gmail.com> wrote:
> All:
> 
> The House has passed HR 2391, which is being considered by the Senate
> today (11/16).  Successful passage by the Senate will put this bill on
> the President's desk late this year or early next.
> 
> This bill makes it a violation of the Copyright Act to skip
> commercials using a technological means (hardware or software) -- and
> it makes it a violation to make the computer program that allows
> people to skip commercials.  You can get information on the bill here:
> http://thomas.loc.gov/cgi-bin/bdquery/z?d108:h.r.02391:
> 
> and you can read the Wired story on the bill here:
> 
> http://www.wired.com/news/politics/0,1283,65704,00.html
> 
> My suggestion is call your Senators and Representatives and let them
> know that it is ridiculous to make it illegal for you to skip
> commercials (assuming you agree that it is).
> 
> You can reach your Senators and Representatives through the Capitol
> switchboard at (202) 224-3121 or (202) 225-3121.  Or you can email
> them by going to their web sites, which you can find through
> www.senate.gov or www.house.gov.


After looking through the bill, I believe that the relevant section of
the bill is Sec 212:

http://thomas.loc.gov/cgi-bin/query/F?c108:5:./temp/~c108Kz782J:e35066:


SEC. 212. EXEMPTION FROM INFRINGEMENT FOR SKIPPING AUDIO AND VIDEO
CONTENT IN MOTION PICTURES.

      (a) Short Title- This section may be cited as the `Family Movie
Act of 2004'.

      (b) Exemption From Copyright and Trademark Infringement for
Skipping of Audio or Video Content of Motion Pictures- Section 110 of
title 17, United States Code, is amended--

            (1) in paragraph (9), by striking `and' after the
semicolon at the end;

            (2) in paragraph (10), by striking the period at the end
and inserting `; and';

            (3) by inserting after paragraph (10) the following:

            `(11) the making imperceptible, by or at the direction of
a member of a private household, of limited portions of audio or video
content of a motion picture, during a performance in or transmitted to
that household for private home viewing, from an authorized copy of
the motion picture, or the creation or provision of a computer program
or other technology that enables such making imperceptible and that is
designed and marketed for such use at the direction of a member of a
private household, if--

                  `(A) no fixed copy of the altered version of the
motion picture is created by such computer program or other
technology; and

                  `(B) no changes, deletions or additions are made by
such computer program or other technology to commercial
advertisements, or to network or station promotional announcements,
that would otherwise be performed or displayed before, during or after
the performance of the motion picture.'; and

            (4) by adding at the end the following:

      `For purposes of paragraph (11), the term `making imperceptible'
does not include the addition of audio or video content that is
performed or displayed over or in place of existing content in a
motion picture.'.

      (c) Exemption From Trademark Infringement- Section 32 of the
Trademark Act of 1946 (15 U.S.C. 1114) is amended by adding at the end
the following:

      `(3)(A) Any person who engages in the conduct described in
paragraph (11) of section 110 of title 17, United States Code, and who
complies with the requirements set forth in that paragraph is not
liable on account of such conduct for a violation of any right under
this Act. This subparagraph does not preclude liability of a person
for conduct not described in paragraph (11) of section 110 of title
17, United States Code, even if that person also engages in conduct
described in paragraph (11) of section 110 of such title.

      `(B) A manufacturer, licensee, or licensor of technology that
enables the making of limited portions of audio or video content of a
motion picture imperceptible as described in subparagraph (A) is not
liable on account of such manufacture or license for a violation of
any right under this Act, if such manufacturer, licensee, or licensor
ensures that the technology provides a clear and conspicuous notice at
the beginning of each performance that the performance of the motion
picture is altered from the performance intended by the director or
copyright holder of the motion picture. The limitations on liability
in subparagraphs (A) and (B) shall not apply to a manufacturer,
licensee, or licensor of technology that fails to comply with this
paragraph.

      `(C) The requirement under subparagraph (B) to provide notice
shall apply only with respect to technology manufactured after the end
of the 180-day period beginning on the date of the enactment of the
Family Movie Act of 2004.'.

      (d) Definition- In this section, the term `Trademark Act of
1946' means the Act entitled `An Act to provide for the registration
and protection of trademarks used in commerce, to carry out the
provisions of certain international conventions, and for other
purposes', approved July 5, 1946 (15 U.S.C. 1051 et seq.).




-- 
"No, we've had no evidence that Saddam Hussein was involved in 9/11."
-- George W. Bush, 17 Sept 2003


More information about the mythtv-users mailing list