Should policymakers conclude that traditional approaches cannot be effectively enforced in the digital realm, they may well seek alternative methods that fulfill the ends of copyright law - promotion of science and the useful arts through the provision of incentive to creators - while conceding that control over unauthorized copying is unlikely to be restored to the degree that existed for analog media.

(1) The Act provides for a compulsory license that allows satellite TV services such as EchoStar and DirectTV to carry local broadcast stations.
(2) Hollywood is the fourth largest source of cash in Federal elections, and contributions from the entertainment industry have more than tripled in the last three election cycles, to $46 million in 2002. Over the past decade more than 70 percent of this Hollywood financial support has gone to Democrats. "Hotline Extra/Hollywood Auditions", National Journal, February 15, 2003.
(3) "Smith Promises Piracy hearings", Billboard, February 15, 2003. The Subcommittee subsequently scheduled a hearing on "Peer-to-Peer Piracy on University Campuses" for February 26, 2003.
(4) H.R. 3833, enacted December 4, 2002.
(5) "Brownback Statement on Telecom Industry", Press Release, January 15, 2003. Sen. Brownback has also stated that his Subcommittee will review alternative means of addressing digital piracy than the technology mandates sought by Hollywood. At the conclusion of the 107th Congress he placed a "hold" on the Small Webcaster Act over concerns that it could become a precedent for "gamesmanship of the judicial and regulatory process where copyright royalties are concerned" and that a RIAA-supported requirement for a Report to Congress on webcaster business arrangements was "drafted in such a general manner that its effect is to fling the copyright royalty dragnet so far and
so wide"; the hold was released to allow the bill to become law. But, at a January 30, 2003 Commerce Committee hearing on radio industry consolidation, he strongly criticized artist group support for that webcast license measure, charging, "The artist community was only too willing to mow down diversity in favor of their own financial self-interest".
(6) P.L. 107-321, December 4, 2002.
(7) Statement of Hon. Rick Boucher, Congressional Record, January 7, 2003.
(8) Rep. Berman recently indicated that he may not re-introduce the measure due to lack of entertainment industry support, stating, "And if they're not for it, where am I going? It still may be worth doing but, realistically, a bill like this isn't going to zip through Congress." The RIAA's current position, as expressed in their recent agreement with the BSA and CSPP, is to withhold support from new copyright legislation. And the MPAA and its constituent movie studio members view the bill as unnecessary (because they contend that they do not engage in actions against P2P networks and users that violate federal or state law) and as creating worrisome new potential liabilities for copyright owners who engage in impermissible activities. "Rep. Berman May Not Revive Internet Piracy Bill", Los Angeles Times, February 21, 2003.
(9) On January 3, 2003 the U.S. Supreme Court denied the DVD Association's request for a stay of that judgment.
(10) Some observers have noted that some movie DVDs are now priced lower than the soundtrack CD for same film.
(11) Although U.S. CD sales declined in 2002, sales of DVDs nearly doubled.