On the last day to file comments with the FCC regarding it's upcoming decision regarding so called "Net Neutrality" a coalition of 11 consumer groups submitted a detailed recommendation. It takes on a variety of common claims by copyright holders, including specifically addressing comments made recently by NBC Universal counsel Rick Cotton and NBC's own FCC filing on the matter.
Net neutrality refers to the discussion over whether ISPs should be allowed to charge differently for different content being downloaded from the internet. NBC's FCC filing suggested that as part of their decision they should create regulations to force ISPs to Block potentially infringing traffic.
One of the more interesting topics was the difference between unauthorized and illegal copying of content. It points out that "Because an "unauthorized" use is not necessarily an illegal one, no technology or method should give the desires of a copyright holder priority over the first amendment."
Referring to Cotton's remarks that piracy causes financial hardship for corn farmers, which we reported last month, the document says "NBC's specious attempt to follow the chain of cause and affect to its absurd limits is driven by the fact that it is a minority copyright holder engaged in special pleading for government favors."
The final points presented are probably the most damning with regard to NBC's recommendations to the FCC. It points out that much of what they're suggesting is completely out of the jurisdiction of the FCC, citing United States Federal Court rulings that the FCC may not mandate broadcast flags to control copying and that technologies which have substantial non-infringing uses are legal. In short, this last argument goes back as far as the infamous "Betamax case" when Sony won the right to continue selling VCRs.
Source: Public Knowledge
One of the more interesting topics was the difference between unauthorized and illegal copying of content. It points out that "Because an "unauthorized" use is not necessarily an illegal one, no technology or method should give the desires of a copyright holder priority over the first amendment."
Referring to Cotton's remarks that piracy causes financial hardship for corn farmers, which we reported last month, the document says "NBC's specious attempt to follow the chain of cause and affect to its absurd limits is driven by the fact that it is a minority copyright holder engaged in special pleading for government favors."
The final points presented are probably the most damning with regard to NBC's recommendations to the FCC. It points out that much of what they're suggesting is completely out of the jurisdiction of the FCC, citing United States Federal Court rulings that the FCC may not mandate broadcast flags to control copying and that technologies which have substantial non-infringing uses are legal. In short, this last argument goes back as far as the infamous "Betamax case" when Sony won the right to continue selling VCRs.
Source: Public Knowledge
