FAIR USE Act - Criticism

Criticism

The FAIR USE Act was subject to criticism of both proponents and opponents of DMCA reform.

Proponents of DMCA reform critiqued the bill for being "wishy-washy". Despite the included amendments, several of which arose in response to public protest, the Act did not allow for circumvention for ripping personal copies for cross-media consumption (i.e. ripping a DVD for use on a video phone or laptop), which some considered the biggest problem with the DMCA.

The bill was also criticized for not maintaining the more strongly worded exemptions enumerated in previous incarnations of DMCA reform legislation, in particular, those regarding the makers and distributors of circumvention technology, which meant that “a film studies professor would be permitted to use software such as Handbrake... However, developing or distributing Handbrake in the United States would still be a crime.”

Opponents of the bill focused on problems with the scope and breadth of its language. As with previous Boucher-sponsored bills, the RIAA argued that the bill would “repeal the DMCA and legalize hacking."

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