FCC Wireless Broadband,
Here and now we live in a self- publishing society thanks to the Internet and related technologies. The undermining of the U.S. copyright system by peer2peer file sharing abuse is an urgent matter that needs to be addressed now before it is too late.
The good news is that there is a way to strengthen the integrity of the U.S. copyright system going forward if implemented promptly. We must act now. Please don’t place our request to be heard by persons of authority into the non-productive maze of passing the buck. These are urgent issues that we have spent years researching. We are very pleased to say we have a solution.
The Internet was opened to public uses
As the United States Defense Department moved to enable commercialization of the Internet there were meticulous considerations regarding The Domain Name System and related issues. ICANN, a nonprofit organization contracted by The Department of Commerce led the way in the administration and eventual privatization of the Domain system. By most standards this was an excellent model of transitioning from a government entity to privatization. The foresight in understanding the repercussions of NOT having a plan for Domains going forward is highly commendable.
But ironically, that same foresight was grossly absent in considering the repercussions that public use of the Internet would have upon the U.S. copyright system.
If the Betamax Case was a Supreme Court precedent setting event, what in the world were we thinking by unleashing the Internet without addressing the copyright issues beforehand? The Internet coupled with a personal computer is the most powerful copying and publishing mechanism man has ever known!
Therefore, it was the government’s responsibility to ensure that rights holders’ interests were protected before unleashing the greatest copying and publishing mechanism ever and it was the government’s responsibility to insure that ISP’s, (Internet Service Providers), would be in compliance or they would NOT be issued clearance to be an ISP.
Basically, a statutory rate should have been established. Whereas, whenever copyrighted materials were downloaded, (this is a form of distribution and publication), via an ISP the rate would kick in to be deposited with a designated collective that represented the interests of ALL rights holders.
It is my guess that The Library of Congress was not privy to the conversation.
The Solution - Mobile Networks
Mobile networks contain the Internet within
As we move towards a mobile future it is important to know there is another opportunity to put measures in place before they become a problem to the U.S. copyright system.
As I mentioned in my first correspondence to you, within 5 to 10 years we will more likely than not be able to send an entire movie from one mobile device directly to another mobile device, (peer2peer). A statutory rate will make that a productive event. What if there is nothing in place?
We have a plan for implementation.
Regarding our petition for rulemaking before the CRB, we were already informed by Judge Sledge that there was not an existing statute that would enable the CRB to act upon our proposal. That is why we began and continue to solicit Congresspersons and Senators on the Judiciary Committees. We have also solicited the NTIA and Department of Commerce for help in the development of our work.
Regarding further funding, we understand the Library of Congress may not have resources available for such a thing.
However, your attentions and concerted actions will be much more valuable to our movement than direct funding.
We are very hopeful that this correspondence causes actions on your part as it is our firm belief that this is the right time to move on this because there is no time to waste.
With all due respect, as of now, The Library of Congress IS privy to the conversation.
Max Davis, Director
22647 Ventura Blvd
Woodland Hills, CA 91364