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Wednesday, April 30, 2003

posted by gbarto at 12:59 PM:
Reynolds refers Bill Hobbs, who says Tennessee is considering DMCA-style legislation. I understand that with Nashville there, there might be some pressure from recording companies, but my question is whether such a thing can even aspire to legitimacy. I don't know about the average Napster user, but in that glorious epoch of rampant downloading most of my files were not coming from the same state I was in. As for other forms of copying, what if I'm sending my sister - in another state - a copy of a CD? For that matter, if I'm manufacturing a DVD player without anti-copying chips in California, can Tennessee do anything other than forbid its sale in Tennessee.

The nastiest thing we could do to Tennesse is to let them pass this measure. Because of the Interstate Commerce Clause, there's not much they can do with anything that crosses state lines. Here is where the electronics industry should make its stand: it should allow Tennessee to require the special stuff in electronics sold in Tennessee - without a peep. Then it should announce that because of the regulatory hassles, it is no longer shipping to Tennessee, but that in order to help out consumers it will offer Tennessee residents a small rebate for goods purchased in Kentucky, Alabama, Mississippi, etc. In other words, let Tennessee decide whether it wants recording industry companies happy badly enough to forego all that sales tax revenue.
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