Re: Digital Audio Transmission?

I think I am beginning to see Tyler Ochoa's point about digital audio transmissions. [Those of you who were way ahead of me, forgive the posting.]

Section 106(6) now prohibits performance of a work "by means of a digital audio transmission." "Digital transmission" is defined in section 101 as "a transmission in whole or in part in a digital or other non-analog format." The "in part" language seems to be crucial; I take it the intent of the act is to capture information sent by modem, for example, even though information sent by modem travels along the phone lines between sender and recipient in analog, *not* digital, form. Thus, having the information "transmitted" from the computer to your own modem presumably qualifies as digital transmission in part. If that is true, I can see how someone could argue that use of a CD player also constitutes a digital transmission in part.

I should know better than to doubt Tyler.

Mark Lemley
Assistant Professor, University of Texas School of Law Of Counsel, Fish & Richardson, P.C.
mlemley[_at_]mail.law.utexas.edu

For information on the Intellectual Property program at UT, see http://www.utexas.edu/law/intelprop/ Received on Tue Apr 29 1997 - 15:03:52 GMT