[Congressional Record Volume 143, Number 1 (Tuesday, January 7, 1997)]
[Extensions of Remarks]
[Page E21]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




         COMPUTER MAINTENANCE COMPETITION ASSURANCE ACT OF 1997

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                          HON. JOE KNOLLENBERG

                              of michigan

                    in the house of representatives

                        Tuesday, January 7, 1997

  Mr. KNOLLENBERG. Mr. Speaker, I rise today to introduce a bill to 
ensure that a computer owner may authorize the activation of their 
computer by a third party for the limited purpose of servicing computer 
hardware components. This is the same language that I worked with 
former Chairman Carlos Moorhead to include in H.R. 1861, section 7, 
``Limitations on Exclusive Rights; Computer Programs,'' during the 
104th Congress. Under suspension of the rules, H.R. 1861 was passed by 
voice vote.
  The specific problem is when a computer is activated, the software is 
copied into the Random Access Memory [RAM]. This copy is protected 
under section 117 of the Copyright Act, as interpreted by the Fourth 
and Ninth Circuits Court of Appeals. This technical correction is 
extremely important to Independent Service Organizations [ISO's] who, 
without this legislation, are prohibited from turning on a customer's 
computer. A wave of litigation has plagued the computer repair market. 
The detrimental effect is that ISO's are prevented from reading the 
diagnostics software and subsequently cannot service the computer's 
hardware. The financial reality is that the multibillion dollar 
nationwide ISO industry is at risk.
  My bill provides language that authorizes third parties to make such 
a copy of the limited use of servicing computer hardware components. My 
bill does nothing to threaten the integrity of the Copyright Act and 
maintains all other protections under the act.
  The intent of the Copyright Act is to protect and encourage a free 
marketplace of ideas. However, in this instance, it hurts the free 
market by preventing ISO's from servicing computers. Furthermore, it 
limits the consumer's choice of who can service their computer and how 
competitive a fee can be charged.

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