Daniel Spisak on Technology

June 24, 2005

Mr. Daniel Spisak
11112 Martha Ann Drive
Los Alamitos, California 90720

Dear Mr. Spisak:

Thank you for writing to me about the digital broadcast
flag. I appreciate hearing from you.

I feel strongly that we must prevent the theft of copyrighted
works, and that includes digital television (DTV) programming.
As we move forward in the digital age, it is increasingly easy for
unauthorized copies of copyrighted works to be made and illegally
distributed. Over-the-air digital content is the easiest to pirate.

As we contemplate the use of new technologies to protect
copyrighted works, we must pay careful attention to ensure that a
balance is struck between competitive protections and individual
consumer interests. It is important to allow for the continued fair
use of copyrighted material, even while we seek to stop
unauthorized reproductions from being illegally distributed outside
the home and over the Internet.

Again, thank you for writing. Please know that as the
Senate considers legislation of the broadcast flag, I will be sure to
keep your views in mind. If you should have any questions, please
feel free to contact my Washington, DC staff at (202) 224-3841.

Sincerely yours,

Dianne Feinstein
United States Senator

http://feinstein.senate.gov

Further information about my position on issues of concern to California and the Nation are available at my website
http://feinstein.senate.gov. You can also receive electronic e-mail updates by subscribing to my e-mail list at
http://feinstein.senate.gov/issue.html.

Dear Senator,

I appriciate you taking the time to write back, however I must respectfully disagree with your position on the digital broadcast flag. I am curious to try and understand how my useage of a digital video recorder device such as a TiVo or a Microsoft Media Center device to record over-the-air analog and digital broadcasts is considered “theft”. I use that word lightly as it implies I, as a citizen am being charged with a crime without any thought of due process or evidence to the fact. I have seen people in Hollywood and other parts of the entertainment industry go so far as to suggest that if I do not watch the commercials broadcast during their shows airtime that I am indeed “stealing” from them. I do not agree with that position in the strongest ways possible. Over time technology has allowed us as people to regain more freedom over our lives and to experience life to the fullest extent possible.

I agree that there need to be sensible protections for content however to insure that creators of content can continue to make a living doing what they do best. However, empowering the FCC with the ability to demand the inclusion of technology like the digital broadcast flag is going too far. As long as content is broadcast over public domain airwaves then the citizens of this country should be able and entitled to exercise their fair use rights as they have enjoyed for the past 20 years. This means that I should be able to record any show that is broadcast over the airwaves that I supposedly am part owner of alongside with the rest of the people in the US. This means I should be able to take that recording and then play it back on my computers at home, or on my portable electronics devices as I see fit.

With regards to “unauthorized reproductions from being illegally distributed outside
the home and over the Internet” I suggest you take a step back and think about what you are really saying here. Have you ever recorded a TV show and then a friend of yours has later said to you “Hey, I missed the show last week, can I borrow your tape?” and then you lend them that tape? If so then by your own logic here it would seem that you are a criminal. If indeed that is the case I emplore you to seriously think about any legislation you will be attempting to get made into law that will potentially criminalize the actions of millions of innocent citizens of this great country for the simple act of letting someone else watch what they have recorded because they missed a show.

Furthermore, if you wish to be truly serious about stopping unauthorized distribution of over-the-air content then I suggest you tell the people in Hollywood to stop outright lying to the public about the true costs of unauthorized distribution. Earlier this year Star Wars Episode 3: The Revenge of the Sith opened in theaters, about a day or so before the opening a work cut of the movie was available on the Internet through various means. Yet, Episode III broke all kinds of earnings records and still grossed well over half a billion dollars worldwide in the opening week. I have to listen to the likes of Jack Valenti tell me that movie piracy is hurting them at the box office and the next day I read stories about how box office recipts are higher then ever. I have seen this happen numerous times over the past few years and I dont see it stopping anytime soon. You want to help Hollywood protect their content then you need to help them crack down on professionals, people who copy and produce hundreds of thousands of copied DVDs. Criminalizing people making video recordings of movies in the theater is simply stupid because the real “pirates” will be part of the system and not have to worry about the laws you throw up to stop the common man from helping these thieves.

Thank you for your time in these matters.

Sincerely,

Daniel E. Spisak
United States Citizen