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"It puts Hollywood, acting through the FCC, in charge of how consumer electronics manufacturers should build their devices," said Art Brodsky, a spokesman for the nonprofit group Public Knowledge, one of the plaintiffs in the suit. Senate committee aides said earlier this week that a number of Republicans share concerns about the government's wading into technological mandates. They would rather not see the provisions in the bill at all but added them after pressure from Democrats like Barbara Boxer, who counts a large chunk of the entertainment industry in her California constituency.
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Congress is mandating the use of DRM, plain and simple. Although one part of the bill seems to give a nod to fair use, it's done in the same way as it was under the DMCA. Meaning, the bill ignores fair use. It reads that the FCC's regulation won't affect fair use rights-well, it won’t. Those fair use limitations still exist under the copyright law-but as we know well, DRM legally trumps fair use thanks to the DMCA.