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The "Freedom and Innovation Revitalizing United States Entrepreneurship Act of 2007" (FAIR USE Act) was a proposed United States copyright law that would have amended Title 17 of the U.S. Code, including portions of the Digital Millennium Copyright Act (DMCA) to "promote innovation, to encourage the introduction of new technology, to enhance library preservation efforts, and to protect the fair use rights of consumers, and for other purposes."〔(110th Congress H.R. 1201 )〕 The bill would prevent courts from holding companies financially liable for copyright infringement stemming from the use of their hardware or software, and proposes six permanent circumvention exemptions to the DMCA. The bill was introduced February 27, 2007 in the 110th Congress by Representative Rick Boucher (D-VA). On March 19, 2007, the bill was referred to the House Subcommittee on Courts, the Internet, and Intellectual Property. The bill was not reintroduced. Boucher emphasized that the bill would not make circumvention an act of fair use, but would instead redefine which acts qualify as permissible circumvention, stating that :“The Digital Millennium Copyright Act dramatically tilted the copyright balance toward complete copyright protection at the expense of the Fair Use rights of the users of copyrighted material. The reintroduced legislation will assure that consumers who purchase digital media can enjoy a broad range of uses of the media for their own convenience in a way which does not infringe the copyright of the work.”〔("Boucher's latest 'digital rights' bill," ) Stanford Law Center for Internet and Society〕 ==History== The FAIR USE Act is Boucher’s third attempt at reforming provisions within the DMCA, the previous two being the Digital Media Consumers' Rights Acts (DMCRA) of 2003 and 2005.〔("Boucher to float a new version of DMCRA," ) Analoghole〕 Previously, Boucher co-sponsored the “Benefit Authors without Limiting Advancement or Net Consumer Expectations,” or “BALANCE Act,” which sought to amend the DMCA to account for noninfringing circumvention.〔(109th Congress H.R. 4536 Cosponsors )〕 The Digital Media Consumers' Rights Acts stressed the necessity of adequate labeling on media bearing digital rights management (DRM) and similar protections to prevent consumer confusion. Both amended the DMCA to include exceptions for acts of circumvention that furthered consumers’ exercise of fair use rights.〔(107th Congress, H.R. 5544 )〕 The DMCRA of 2003 included a section of fair use amendments, including amendments to the exemptions described by Section 1201(c) of Title 17.〔(Title 17, Chapter 12, § 1201(c) )〕 The bill exempted research into “technological measures” from infringement and enabled consumers to circumvent DRM, and qualified that using services for noninfringing uses would not be a violation. The bill also explicitly stated that manufacturing and distributing hardware or software capable of noninfringing uses would likewise not be a violation.〔(Congress H.R. 107 )〕 The revised DMCRA of 2005 included a similar section of "fair use amendments", but did not make mention regarding users of noninfringing circumvention services. The Motion Picture Association of America (MPAA) and the Recording Industry Association of America (RIAA) criticized both incarnations of the bill, arguing that the language was too permissive and would “legalize hacking and piracy.”〔("The Boucher Bill is Back," ) Alex Curtis for Public Knowledge〕 抄文引用元・出典: フリー百科事典『 ウィキペディア（Wikipedia）』 ■ウィキペディアで「FAIR USE Act」の詳細全文を読む スポンサード リンク
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