[kjzone]

Under current Copyright Law only Phonograph Records are protected.

The Digital Milennium Copyright Act "Did Not Amend" the current Copyright Law and stands alone and untested. Additionally it has not reached the status of "Positive Law".

Under the DMCA, companies such as SoundChoice are taking the position that "Digital Music" are "Phonograph Records" and enforceable under the current Copyright Law, but this position has not been tested by the Appellate Courts.

SoundChoice is using the threat of a law suits to make small karaoke services, caught using copied discs to sign a "Consent Agreeement" not to copy discs in the future in lew of a suit not being filed against those companies.

SoundChoice has also be found to not be paying the royalties to some copyright holders.

Philips NV, a dutch compay, who holds about 70% of the patents on digital coding has informed SoundChoice that they may not use the Compact Disc Trademark on their Discs, that contain the MediaCloq Protection, as it is a violation of Philips Trademark, because the use of the Trademark on Discs that will not play on DVD players is a violation of the rights the Trademark stands for.

Philips has also taken the position that they do not like the copy protection on Discs and has vowed to make future releases of their CD-RW units to be able to read all Copy Protection Schemes.

CORRECTION: Just checked on WestLaw and the DMCA did "amend" Title 17 of the US Code BUT "DID NOT REPLACE" TITLE 17. The DCMA still stands alone and subject to Federal District Court and Appellate Court interpretation based on the Court's reading of the Act and the Legislative History of the Act.