Message-Id: <55206A473154D011924D0020AFF7ACB53FAA82@mail1.oulan.ou.edu>
Date: Mon, 24 Nov 1997 15:21:05 -0600
From: "Swisher, Bob" <bswisher@ou.edu>
To: "'it-fyi@ou.edu'" <it-fyi@ou.edu>
Subject: FARNET's Washington Update 11/21/97
> IN THIS ISSUE:
>
> REPS BOUCHER AND CAMPBELL INTRODUCE COMPREHENSIVE COPYRIGHT
> LEGISLATION
>
> SCHOOLS AND LIBRARIES CORPORATION ADOPTS 75 DAY WINDOW PERIOD
>
> ____________________________________________________________________
>
> REPS BOUCHER AND CAMPBELL INTRODUCE COMPREHENSIVE COPYRIGHT
> LEGISLATION
>
> November 21 - In the latest effort to adapt U.S. copyright law to the
> digital age, Reps. Rick Boucher (D-VA) and Tom Campbell (R-CA) last
> week introduced H.R.3048, known as the "Digital Era Copyright
> Enhancement Act."
> (http://thomas.loc.gov/cgi-bin/query/z?c105:H.R.3048:) Designed to
> implement the World Intellectual Property Organization's (WIPO) two
> international copyright treaties
> http://www.wipo.org/eng/diplconf/distrib/94dc.htm), H.R.3048 also
> attempts to address some broader copyright issues posed by the
> increased use of digital technology.
>
> A notable feature of H.R.3048 is the apparent technology-neutral
> stance it takes on certain copyright issues. The Clinton
> Administration's proposed legislation (S.1121/H.R.2281 "WIPO Copyright
> Treaties Implementation Act"
> (http://thomas.loc.gov/cgi-bin/query/z?c105:H.R.2281:) met criticism
> for punishing technology, not the conduct of using certain technology
> to infringe copyright. Specifically, section 1201 of the
> Administration's proposal sought to ban all technology designed to
> circumvent technological protections against the unauthorized copying
> of copyrighted works. Critics of the Administration's bill, (such as
> the Digital Future Coalition (http://www.dfc.org/))felt the measure
> was too broad, and that it threatened to stifle innovation and
> restrict the right of fair use.
>
> Under H.R.3048, emphasis is placed on punishing the actual conduct of
> circumvention, not the development of circumventing technology itself.
> Such an approach may help protect fair use from being a casualty of
> technological innovation; fair use may ultimately come to rely on
> similar technology as that used to circumvent protections against
> unauthorized copying.
>
> The theme of technology neutrality is also reflected in other portions
> of H.R.3048. The bill would amend the definition of fair use found in
> section 107 of the U.S. Copyright Act, specifying that in a
> determination concerning fair use, "no independent weight shall be
> afforded to (1) the means by which the work has been performed,
> displayed or distributed...or (2) the application of an effective
> technological measure [for protection against unauthorized copying of
> the work]."
>
> The bill also seeks to facilitate modern distance learning, granting
> teachers the right to use digital works and technology to the same
> degree as analog technology (such as television) for student
> instruction. It does so by amending the exemption provision of section
> 110 of the Copyright Act, which currently does not exempt as
> non-infringing the use of digital works for educational purposes.
>
> H.R.3048 will probably receive broad support from the education and
> research communities, but will likely meet opposition from entities
> with a vested interest in copyrighted works. Because of its recent
> introduction, many groups have not yet had the opportunity to make
> public comments on the bill.
>
> H.R.3048 will go before the House Judiciary Committee next session.
> While most are not as all-encompassing as H.R.3048, several bills
> concerning digital technology and copyright are making their way
> through both houses. Debate on their respective merits will continue
> as Congress resumes in January.
>
>
> SCHOOLS AND LIBRARIES CORPORATION ADOPTS 75 DAY WINDOW PERIOD
>
> November 21 - Pursuant to the FCC's Third Report and Order on
> universal service, the Schools and Libraries Corporation (SLC)
> (http://www.neca.org/rd/funds.htm#update)has agreed on a 75-day equal
> application window period; applications submitted for universal
> service support funding in that window will be considered as if
> received simultaneously. The 75-day window period start date begins
> when schools and libraries may submit form 470 (or form 471 for
> schools and libraries with previously existing contracts)to request
> services for Universal Service Fund (USF)discounts. (Remember form 470
> is for requesting services, while form 471 is the request for actual
> USF discounts.)
>
> The exact date after which schools and libraries may submit form 470
> is contingent on two factors: the
> establishment of the SLC website (for posting of service requests),
> and the Office of Management and Budget's (OMB) approval of the USF
> application forms. The latest from the FCC is that the OMB will
> approve the USF applications and instructions by this Friday, November
> 21, 1997, and the SLC website should be running by mid-January.
> (Source: Robert Cannon, Cybertelecom-L listserv owner) Given the
> previous postponements plaguing the USF administrative process, there
> is no guarantee that the latest FCC estimates will not be changed.
> (Merit's MIN Working Group (http://www.merit.edu/) has produced an
> invaluable USF timeline:
> http://www.merit.edu/k12.michigan/usf/action/timeline.html).
>
>
> ____________________________________________________________________
>
> Written from FARNET's Washington office, "FARNET's Washington Update"
> is a service to FARNET members and other interested subscribers. We
> gratefully acknowledge EDUCOM's NTTF and the Coalition for Networked
> Information (CNI) for additional support. If you would like more
> information about the Update or would like to offer comments or
> suggestions, please contact Garret Sern at garret@farnet.org.
>
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