[IP] Copyright Bill to Kill Tech?
Begin forwarded message:
From: EEkid@xxxxxxx
Date: July 26, 2004 7:37:47 AM PDT
To: dave@xxxxxxxxxx
Subject: Copyright Bill to Kill Tech?
Copyright Bill to Kill Tech?
By Katie Dean
02:00 AM Jul. 22, 2004 PT
The Senate Judiciary Committee will consider a bill Thursday that would
hold technology companies liable for any product they make that
encourages people to steal copyright materials.
Today's the Day. Critics say the bill would effectively outlaw
peer-to-peer networks and prohibit the development of new technologies,
including devices like the iPod. The Inducing Infringement of
Copyrights Act (S. 2560) was introduced last month by Sen. Orrin Hatch
(R-Utah), head of the Senate Judiciary Committee. The legislation would
hold a company liable that "intentionally induces" a person to infringe
copyright.
"We think this is a recipe for disaster for the Internet," said Markham
Erickson, general counsel for NetCoalition, a public policy group that
represents Internet companies like Google, Yahoo and Internet service
providers. "The bill as it is currently drafted is extremely broad and
not entirely clear. It would, at a minimum, undermine the Sony Betamax
decision."
In the Betamax decision, the Supreme Court ruled that any technology
that people use for legal purposes would be legal -- even if the device
could be used for illegal purposes, like content piracy. Because of the
ruling, the consumer electronics industry and Hollywood went on to
develop a thriving market in home video and DVDs.
"This takes an objective standard and replaces it with a subjective one
that allows a copyright holder to try and determine the intent of a
company when producing a product," Erickson said. "It's not outside the
realm of possibility that you would be placing the entertainment
industry in charge of technological innovation if this law were
passed."
It's the biggest threat to technology in 20 years, said Jeff Joseph, a
spokesman for the Consumer Electronics Association. The organization's
president will testify before the committee.
The judiciary committee will also hear testimony from Register of
Copyrights Marybeth Peters and the heads of the Business Software
Alliance and the Recording Industry Association of America. A
representative from the IEEE-USA's intellectual-property committee and
the director of NetCoalition will also testify.
One supporter of the bill, RIAA chief Mitch Bainwol, is expected to
include information about the music trade group's recent settlement
with iMesh, a company that makes file-trading software, in his
testimony. On Tuesday, the RIAA announced that iMesh agreed to pay
record companies $4.1 million for copyright infringement. The company
also said it will modify its business to prevent consumers from
illegally sharing or downloading songs.
Critics said the bill is the wrong fix for the piracy problem.
"This bill really creates a huge risk that people won't bring new
products to market because they will be afraid to be sued out of
existence," said Mike Godwin, legal director of Public Knowledge, which
is opposed to the bill and is submitting written testimony to the
committee. "We keep asking, 'What's the rush?' It's not clear that
everything has to be wrapped up in the summer of 2004."
Godwin said Senate judiciary staff are eager to get the legislation
moving because they are worried that a federal appeals court in
California will uphold an April 2003 court decision that did not hold
peer-to-peer companies liable for their users' copyright infringement.
The so-called Grokster case was argued before the 9th U.S. Circuit
Court of Appeals in February, and a decision is expected soon.
http://wired.com/news/politics/0,1283,64297,00.html?tw=wn_tophead_1
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