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FLA. ENACTS MPAA-BACKED PIRACY LAW

MPAA Wed. celebrated Gov. Jeb Bush’s (R) signing of HB-79, the Fla. version of communications piracy legislation quietly enacted in 7 states but hung up elsewhere this spring after controversy erupted. “We believe it will pave the way to new communication services on the Internet,” said MPAA Senior Vp Vans Stevenson. “It also provides momentum [nationally] and validates this legislation to protect services and intellectual property, particularly the movies and other audio-visual products our companies license to these services.”

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Measure passed both Fla. houses unanimously, while opponents focused more on battles in states such as Colo., where a counterpart act was vetoed; Tenn., where local version got hung up until next year; and Tex., where supporters couldn’t get a bill out of legislature before regular session’s end. Stevenson said he still hoped Tex. Gov. Rick Perry (R) would include measure on a special session agenda.

Gov. Bush signed bill because it “protects intellectual property from theft,” “recognize[s] that technology will expand and evolve,” and doesn’t hurt “the consumer’s ability to benefit from the latest technological innovations,” said spokesman Jacob DiPietre. “Governor Bush seriously considered the concerns raised by different interest groups regarding HB 79. In the end, though, he felt the concerns were dealt with by Section 12… [which] states that someone must knowingly defraud or pirate information. This protects consumers because no one will be in violation unless they knowingly defraud or steal the communication.”

MPAA and Fla. Cable Television Assn. promoted bill. CEA, AEA, CE retailers and local and national consumer groups opposed it. Outcome showed MPAA could make its case against invalid complaints the measure would restrict legitimate devices and uses, Stevenson said.

“We think it’s an unfortunate decision, obviously,” said CEA Technology Policy Vp Michael Petricone. “We continue to believe the legislation is bad for consumers, bad for technology and bad for innovation. Florida is a setback, but the national trend is clearly against legislation like this.” Stevenson said he planned to resume discussions with CEA, though he wasn’t sure whether the Assn. was interested in reaching an accommodation or opposed all state legislation outright. Petricone said MPAA had yet to justify any new measures and he'd be happy to talk further with the Assn.