ARCHIVED — A Rhonda Hyslop 4

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A Rhonda Hyslop

COPYRIGHT REFORM PROCESS

REPY COMMENTS


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Reply comment from Rhonda Hyslop received on October 21, 2001 via e-mail

Subject: Reply comment

In the comment from Mike Schmidt dated August 2, 2001, he writes: "For example, the person who created the DVD ripping software should receive a stiffer penalty then someone who simply used his software to rip a DVD. In the case of drug possession, police usually do not make a big deal out of people who simply possess illicit drugs for their own use. Enforcement agencies are more concerned with trying to stop the drug lords. Similarly, the stiffest penalties for copyright infringement should be against the people tampering with copyright protection mechanisms."

I think this is a false analogy, and I strongly disagree with the conclusion. Mr. Schmidt is equating people who make a copy of a DVD with drug users, and people who make the software for decoding a DVD with drug lords. This is wrong in several ways. First, it is legal to watch or read a copyrighted work, and to make a personal copy of a copyrighted work for time- or space-shifting, or backup purposes, but it is illegal to make a large number of copies, or even two, and sell them. Drug users are using an illegal substance. Second, the creators of a DVD decoding program are enabling people to make legal copies and legally watch the DVD, as well as people who are making illegal copies - but would anyways, with or without the DVD decoding program. Drug lords are selling an illegal substance, and are often involved in violent activities.

The creators of the DVD decoder program, or any "circumvention device", should not be the ones to get the penalty, but the people who make the illegal copies should be penalised. This is already handled with current laws.

Thank you for allowing me the opportunity to reply

-Rhonda
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