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August 22, 2005
A Missed Opportunity
William Patry, recalling the legislative process that brought us the Audio Home Recording Act of 1992: "[Our] subjective intention and that of the Committee, expressed in the Committee report, was to exempt all noncommercial private copying. ...[Because] I thought I was just fussing about drafting styles ..., I let it go. That was a big mistake. I missed that the phrasing was the way it was because it masked, in plain view, the real point, the severe limitation of the exemption to copying from a digital audio recording device. Shame on me."
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