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The House Small Business Committee hearings that began Wednesday
include testimony from Chuck D, founder of Rapstation.com; Peter
Harter, vice president of Global Public Policy and Standards at
Emusic.com; Tom Silverman, founder of Tommy Boy Records; and other
industry representatives.
The committee also invited the Progressive Policy Institute to
submit its report
Napster and Online Piracy: The Need to Revisit the Digital
Millennium Copyright Act.
Chuck D said he was not informed that the written recommendations
from the think tank would be included alongside the industry's
testimony in the formal record.
The hearings won't have much immediate impact since Congress
isn't likely to adopt new legislation before the end of this
session, according to sources involved in the hearings.
However, the hearing may serve as the framework for lawmakers
when they begin contemplating amendments to the Digital Millennium
Copyright Act in the next session of Congress.
"This is a brand new issue for Congress and now other committees
can use this for information in the future," said Rob Atkinson of
the Progressive Policy Institute's Technology and New Economy Team.
"Hearings appear to be show, but they have an important purpose in
laying down a marker for Congress, letting them know that this is an
issue to be watched, and where to start with legislative changes."
Atkinson and Shane Ham, who co-authored the report, have offered
up three amendments to the DMCA that would require users to provide
personal information before using a shared application like Napster
while expanding judicial powers that grant judges more flexibility
in granting injunctions.
"The original DMCA was written to keep judges from granting
injunctions at all, and if these new amendments are going to be
turned into legislation, judges need to be able to grant
injunctions," Ham said.
But the pair wants to make it clear that while they want to
strengthen the DMCA, they don't want to regulate technologies.
"The law cannot keep up with technology and judges need to be
able to have some leeway in being able to stop this technology
because we can't pass a law every time a new technology comes out,"
said Jordan Matyas, a spokesman for the PPI. "The main goal isn't to
try to shut down Napster, but to insure that the people that use
this technology use it properly."
Reuters contributed to this report.
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