Thursday, March 29, 2007

senator feinstein, i wish you were better than this

miss feinstein finally decided to return (twice??) my inquiry as to why she is supporting/introducing the biased, restrictive, non-competitve legislation that is the PERFORM Act:

March 29, 2007

Mr. K------ -------
-------, California 92---

Dear Mr. -------:

Thank you for writing to me about the Platform Equality and
Remedies for Rights-holders in Music (PERFORM) Act. I appreciate
hearing from you.

I believe that our nation's intellectual property is vitally
important and needs to be protected. In fact, the promotion of the
creative process is so important that our Founding Fathers gave Congress
the express authority to protect it in the U.S. Constitution. Still, we must
ensure that any protection afforded to intellectual property is also
balanced and fair to all who are affected by it.

The PERFORM Act, which I introduced with Senators Lindsey
Graham (R-SC) and Bill Frist (R-TN), would require satellite, cable and
Internet broadcasters to pay fair market value for the performance of
digital music. Currently, these providers are treated differently and pay
different rates even though, as technology advances, their services have
become increasingly similar. Additionally, the bill would require the use
of readily-available, cost-effective, and feasible technology to prevent
music theft.

As such, the PERFORM Act would help strike a balance
between the promotion of technological advances in digital music
delivery systems and the protection of, and fair compensation for, the
intellectual property of artists and musicians.

The PERFORM Act has received the support of various music,
artist, and songwriter groups, as well as digital music service providers.
However, let me say, I believe the bill as it was introduced is the
beginning of the legislative process; and while there may be
disagreements over how to strike the proper balance on these difficult
issues, I am certainly open to a robust dialogue. Please know that as the
legislation moves through the process, I will be sure to keep your views
in mind.

Again, thank you for writing. If you should have any further
questions or comments in the future, please do not hesitate to call my
Washington, DC staff at (202) 224-3841.

Sincerely yours,

Dianne Feinstein
United States Senator

Further information about my position on issues of concern to California and the
Nation are available at my website You can also
receive electronic e-mail updates by subscribing to my e-mail list at

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