[IP] Antipiracy bill targets technology
Begin forwarded message:
From: EEkid@xxxxxxx
Date: June 19, 2004 9:55:01 AM EDT
To: dave@xxxxxxxxxx
Subject: Antipiracy bill targets technology
Antipiracy bill targets technology
Last modified: June 17, 2004, 5:32 PM PDT
By Declan McCullagh
Staff Writer, CNET News.com
A forthcoming bill in the U.S. Senate would, if passed, dramatically
reshape copyright law by prohibiting file-trading networks and some
consumer electronics devices on the grounds that they could be used for
unlawful purposes.
News.context
What's new:
A bill called the Induce Act is scheduled to come before the Senate
sometime next week. If passed, it would make whoever "aids, abets,
induces (or) counsels" copyright violations liable for those
violations.
Bottom line:
If passed, the bill could dramatically reshape copyright law by
prohibiting file-trading networks and some consumer electronics devices
on the grounds that they could be used for unlawful purposes.
More stories on this topic
The proposal, called the Induce Act, says "whoever intentionally
induces any violation" of copyright law would be legally liable for
those violations, a prohibition that would effectively ban
file-swapping networks like Kazaa and Morpheus. In the draft bill seen
by CNET News.com, inducement is defined as "aids, abets, induces,
counsels, or procures" and can be punished with civil fines and, in
some circumstances, lengthy prison terms.
The bill represents the latest legislative attempt by influential
copyright holders to address what they view as the growing threat of
peer-to-peer networks rife with pirated music, movies and software. As
file-swapping networks grow in popularity, copyright lobbyists are
becoming increasingly creative in their legal responses, which include
proposals for Justice Department lawsuits against infringers and action
at the state level.
Originally, the Induce Act was scheduled to be introduced Thursday by
Sen. Orrin Hatch, R-Utah, but the Senate Judiciary Committee confirmed
at the end of the day that the bill had been delayed. A representative
of Senate Majority Leader Bill Frist, a probable co-sponsor of the
legislation, said the Induce Act would be introduced "sometime next
week," a delay that one technology lobbyist attributed to opposition to
the measure.
Though the Induce Act is not yet public, critics are already attacking
it as an unjustified expansion of copyright law that seeks to regulate
new technologies out of existence.
"They're trying to make it legally risky to introduce technologies
that could be used for copyright infringement," said Jessica Litman, a
professor at Wayne State University who specializes in copyright law.
"That's why it's worded so broadly."
Litman said that under the Induce Act, products like ReplayTV,
peer-to-peer networks and even the humble VCR could be outlawed because
they can potentially be used to infringe copyrights. Web sites such as
Tucows that host peer-to-peer clients like the Morpheus software are
also at risk for "inducing" infringement, Litman warned.
Jonathan Lamy, a spokesman for the Recording Industry Association of
America, declined to comment until the proposal was officially
introduced.
"It's simple and it's deadly," said Philip Corwin, a lobbyist for
Sharman Networks, which distributes the Kazaa client. "If you make a
product that has dual uses, infringing and not infringing, and you know
there's infringement, you're liable."
The Induce Act stands for "Inducement Devolves into Unlawful Child
Exploitation Act," a reference to Capitol Hill's frequently stated
concern that file-trading networks are a source of unlawful
pornography. Hatch is a conservative Mormon who has denounced
pornography in the past and who suggested last year that copyright
holders should be allowed to remotely destroy the computers of music
pirates.
Foes of the Induce Act said that it would effectively overturn the
Supreme Court's 1984 decision in the Sony Corp. v. Universal City
Studios case, often referred to as the "Betamax" lawsuit. In that 5-4
opinion, the majority said VCRs were legal to sell because they were
"capable of substantial noninfringing uses." But the majority stressed
that Congress had the power to enact a law that would lead to a
different outcome.
"At a minimum (the Induce Act) invites a re-examination of Betamax,"
said Jeff Joseph, vice president for communications at the Consumer
Electronics Association. "It's designed to have this fuzzy feel around
protecting children from pornography, but it's pretty clearly a
backdoor way to eliminate and make illegal peer-to-peer services. Our
concern is that you're attacking the technology."
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