The new act allows for three types of content:
- Copy Unlimited No Redistribution: The program may be copied indefinitely, but not distributed.
- Copy One Generation: A single copy may be made, after which both copy and source are designated uncopyable.
- Copy Prohibited: No copying allowed for any period of time. If a copy is created, it may not exist for longer than two hours before it begins to delete itself frame-by-frame, megabyte-by-megabyte, or minute-by-minute.
“professional device” means a device that is designed, manufactured, marketed and intended for use by a person who regularly employs such a device for lawful business or industrial purposes, such as making, performing, displaying, distributing or transmitting copies of audiovisual works on a commercial scale at the request of or with the explicit permission of the copyright owner. If a device is marketed to or is commonly purchased by persons other than described in the foregoing sentence, then such device shall not be considered a “professional device"; [emphasis mine]
See that, folks? If too many "consumers" buy your equipment, it's not professional anymore.
It may only be a draft, and I don't recommend anyone adopt a Chicken Little mentality—but I wouldn't dismiss the ACSPA out-of-hand, either. This draft bill is the most comprehensive and thorough grab for control the movie and music industries have ever made, and represents nothing less than a declaration of all-out war on the concept of fair use. It has profound implications for Linux and other open-source applications (all DRM systems are closed-source), and it creates new trade barriers by forcing non-U.S. manufacturers to adopt U.S. DRM standards or be refused access to our markets. Eventually someone will, of course, crack, bypass, or short-circuit such protection methods, but this fact does not validate or excuse their adoption in the first place.