More Anti-piracy Measures

US Senator Joseph Biden has introduced a bill that would give law-enforcement agencies stronger tools to pursue copyright violators, and would give copyright holders stronger grounds for suing pirates.

Intended to shore up holes in present copyright law, the bill, approved by the Senate Judiciary Committee on Thursday, July, 16 criminalizes copying not only of copyrighted content but also of the packaging that contains it. The bill makes it a crime to copy music, movies, and software, and to counterfeit "authentication devices" including watermarks, holograms and packages, and covers both street sales and Internet commerce. Those caught selling illegal copies could be found guilty of more crimes than is possible under present law. If it becomes law, the bill would provide "an extra arrow in the quiver of law enforcement authorities to go after pirates," in the words of one film studio executive.

"American innovation and creativity need to be protected by our government, just like our personal property, our homes and our streets need protection," Biden remarked after the bill was given the go-ahead by the committee. "International and domestic law enforcement is not keeping pace with the advances in technology that make this a difficult crime to fight."

The music industry is making overtures to computer makers and electronics manufacturers to help prevent music fans from sharing songs copied from webcasts. The Recording Industry Association of America (RIAA) is seeking a cross-industry alliance to develop an "audio performance flag" that could be buried in digital audio recordings to inhibit file-saving functions, according to a July 18 report in the LA Times. The proposal was revealed by RIAA senior vice president Mitch Glazier at a July 17 meeting on the piracy problem held at the US Commerce Department in Washington.

The use of copy-inhibit flags in digital files would require the cooperation of chipmakers and electronics manufacturers in the design of new generations of products. The concept is part of a larger move that could prevent consumers from doing many of the things they now take for granted: making private copies of music and television shows, or even taking pictures of privately owned but publicly displayed artworks or structures. The RIAA's effort parallels one by the Motion Picture Association of America (MPAA), which is also seeking closer cooperation with computer companies and chipmakers.

Audio traditionalists may be encouraged to learn that analog recording isn't dead. It may even see a revival, because no one has yet found a way to plug the so-called "analog hole." Once digital content has been converted to analog—as CDs are in the playback process—it's possible to make an infinite number of recordings simply by reconverting the analog stream to digital. D/A and A/D stages eliminate embedded code of any kind, unless it is so high in level to be audible.

Fear of copyright litigation may be behind a series of classes announced by Gateway, Inc. early in July. The computer retailer plans to offer free classes at its 274 Gateway Country stores on downloading music and burning CDs "without violating copyrights," according to an announcement. Gateway executives have expressed their opposition to legislatively mandated anti-piracy technology as being proposed by the RIAA and MPAA. They are also against taxes on computers, blank CDs, and Internet connections, which some copyright holders say should be instituted to compensate them for piracy. In April, San Diego-based Gateway launched a nationwide advertising campaign supporting consumers' rights to download music over the Internet. Gateway says it encourages its customers to download only legally-available tunes, such as those offered by subscription music services.

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