Posted on 06/18/2004 2:47:58 PM PDT by Windcatcher
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.
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."
It already has. You can no longer legally purchase the necessary software to make a legal, backup copy of any commercial DVDs you own.
Of course, ask the movie studios if they will swap a new copy of Shrek for your old, scratched copy and see how far you get.
I hate to say this, but the worst inhabitant of the Senate right now happens to be a Republican. Ted Kennedy may be equally slimy, but fortunately he does very little. It's Orrin Hatch who presents us wih an unending string of legislative turdbombs aimed directly at what's left of our rights. Slashdot.org links to a list of his top 20 contributors. EVERY SINGLE ONE OF THEM is a communications, media or drug company. The legislation he introduces would put them in control of the country.
JD riaa mafia ping
Disgusting. When Fritz Hollings was pushing crap like this, the GOP had the chance for a major public relations victory by standing up for consumers against Hollywood corporate welfare seekers. Instead, Hatch is trying to outdo him.
Well, after about 30 minutes of researching online.... Here's Your Answer.
Yep Hatch is the other clown from Utah. Him and Chris Cannon both are two of the worst anti-American legislators in office today. They should just join the democratic party and be done with it.
Weeeeeeee, another Republican AssWeasel giving the party a bad name and a tainted reputation. Doesn't Hatch have important things to be doing?
prohibiting file-trading networks and some consumer electronics devices on the grounds that they could be used for unlawful purposes.
Gee, practically everything I own can be used for unlawful purposes. Are they going to confiscate everything i own?
Exactly. Anyone who opposes gun control but supports this garbage bill is a gigantic hypocrite.
Tinfoil is now illegal, since it is commonly used to smoke meth.
Don't even get me started in owning evil devices like crowbars and bolt cutters.
That's right, if your business model is obsolete and a new technology comes around that makes that point abundantly clear, it must be that innovation is the enemy.
The chart that comes up by default at this link lists contributions by industry. For the top 20 contrbutors individually identified, click the "top contributors' button at the left of that page.
I've been prevented from purchasing "illegal quantities" of benedryl (IE more than one large box). Apparently those who suffer hay fever are a threat to society.
Me too. I can only buy one large box of 'Aleve cold & sinus' at a time, to keep me from becoming a drug lord.
*carefully looking from side to side* You know, that may ultimately be their end goal: to deprive us of our tinfoil hats.
On your list of evil devices, don't forget ballpoint pens and baseball bats. Before long we'll all be sitting in completely bare, padded rooms with nothing with which we could hurt ourselves or others. Utopia....yipee!
Pseudoephedrine, by any chance? Wouldn't want you to run a meth lab in your basement, afterall. /sarc
Here is the link. Hatch is a sad excuse for a Republican leader.
We need to remind these ***** that the Second Amendment to the Constitution of the United States was written so we may Protect ourselves, our families, and our country from TYRANNICAL Governments --- like the one orin hatch is attempting to hatch with the help of the DNC and the other rino's in the legislature.
-=-=-
"Before a standing army can rule, the people must be disarmed; as they are in almost every kingdom of Europe. The supreme power in America cannot enforce unjust laws by the sword; because the whole body of the people are armed, and constitute a force superior to any band of regular troops that can be, on any pretence, raised in the United States.
-- Noah Webster
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