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Copyfight
June 16, 2004
INDUCE Act = Son of Hollings?Email This EntryPrint This Entry
Posted by Donna Wentworth

It looks like our Mr. Von Lohmann is on a roll, breaking the news that we may see yet another harmful piece of copyright legislation rolling down the pike -- perhaps as soon as tomorrow. Dubbed the INDUCE Act, the bill is rumored to add a new section to the Copyright Act that would grant copyright holders a cause of action against those who "induce" infringement.

Writes Fred:


Even a moment's reflection should make the danger to innovators clear -- you now have to worry not just about contributory and vicarious liability, but an entirely new form of liability for building tools that might be misused. It will be interesting to see whether the bill expressly precludes any Betamax-type defense. This may also pose First Amendment problems, to the extent a journalist or website publisher might be liable for simply posting information about where infringement tools might be found or how to use them.

It's the Hollings Bill by other means -- an over-reaching new form of indirect liability that would force technology companies of all kinds to "ask permission" before innovating for fear of ruinous litigation if they don't.


Not good.

Stay tuned for more details here or at Deep Links; I'll post them as soon as I get them.


Category: Laws and Regulations

COMMENTS
bob on June 18, 2004 03:55 PM writes...

Orion Hatch has been a Senator since 1976.
How could any state re-elect a senator four terms in a row? There needs to be a concerted effort to oust him from his seat, as this man has draconian ideas as to how to make other people live as he thinks. Not good.
No disrespect to the Office is intended, but I believe Hatch is truly Un-American in that he consistently uses his powerful position to call for punishment, imprisonment, and restriction of free speech, technology and ideas, instead of working with others to find acceptable solutions to real dilemmas in our Country, at a time when we need change in American politics's obsession to restrict freedoms that our ForeFathers fought and died for. Let us hope, let us make efforts to see Hatch removed from the political scene sooner than later. Life in America would be better without his agenda.

I am a Veteran and I have paid dearly for this not much Honored status. I became disabled in service to this Country. I also took an Oath to protect it from all enemies, including domestic enemies, even elected officials when they pursue an agenda contrary to the best interests of America.

So, I speak out because I believe it is the right thing to do if you love your Country. Help replace Hatch with a true American that will strive to actually protect ordinary citizens from corporate special interest lobbyists.

Permalink to Comment
bob on June 18, 2004 03:55 PM writes...

Orion Hatch has been a Senator since 1976.
How could any state re-elect a senator four terms in a row? There needs to be a concerted effort to oust him from his seat, as this man has draconian ideas as to how to make other people live as he thinks. Not good.
No disrespect to the Office is intended, but I believe Hatch is truly Un-American in that he consistently uses his powerful position to call for punishment, imprisonment, and restriction of free speech, technology and ideas, instead of working with others to find acceptable solutions to real dilemmas in our Country, at a time when we need change in American politics's obsession to restrict freedoms that our ForeFathers fought and died for. Let us hope, let us make efforts to see Hatch removed from the political scene sooner than later. Life in America would be better without his agenda.

I am a Veteran and I have paid dearly for this not much Honored status. I became disabled in service to this Country. I also took an Oath to protect it from all enemies, including domestic enemies, even elected officials when they pursue an agenda contrary to the best interests of America.

So, I speak out because I believe it is the right thing to do if you love your Country. Help replace Hatch with a true American that will strive to actually protect ordinary citizens from corporate special interest lobbyists.

Permalink to Comment


TRACKBACKS
TrackBack URL: http://www.corante.com/cgi-bin/mt/mt-tb.cgi/3115
Tomorrow, Senator Orrin Hatch (R - UT) will introduce one of the most blatant attempts at copyright maximalization ever attempted - the INDUCE Act. Fred Von Lohmann, Senior Intellectual Property Attorney for EFF, broke the story on Deep Links (INDUCE... [Read More]

Tracked on June 17, 2004 01:16 AM

Declan on INDUCE Act from Copyfight
C|Net News's Declan McCullagh is the first big J journalist to report on the INDUCE Act (Antipiracy bill targets technology). He explains why the bill wasn't introduced today (it will be introduced next week) and gets confirmation that the bill... [Read More]

Tracked on June 17, 2004 07:19 PM

The [EFF has reported](http://www.eff.org/deeplinks/archives/001631.php) that [Senator Orin Hatch](http://hatch.senate.gov/) will introduce the ["Inducement Devolves into Unlawful Child Exploitation Act of 2004"](http://www.corante.com/copyfight/arch... [Read More]

Tracked on June 18, 2004 03:34 PM

INDUCE Act from Alex Jones
The Electronic Frontier Foundation recently broke the story about the latest rights-constricting work of Senator Orrin Hatch (R-Utah): the INDUCE Act. As the EFF put it: >It's the Hollings Bill by other means -- an over-reaching new form of indirect... [Read More]

Tracked on June 18, 2004 08:19 PM

INDUCE Act - Part 2 from Alex Jones
Just a quick follow-up to my previous post about the INDUCE Act. The esteemed Lawrence Lessig has provided some commentary on the situation and added a little more information in the form of Senator Hatch's floor remarks regarding the bill. His statem... [Read More]

Tracked on June 23, 2004 09:54 AM

Introducing Hatch's Hit List from The Importance of...
When the Inducing Infringment of Copyrights Act (IICA, née INDUCE Act) first became news it was disparagingly (and rightfully so) compared to an infamous bill from 2002, the Consumer Broadband and Digital Television Protection Act aka CBDTPA aka Hollin... [Read More]

Tracked on July 9, 2004 03:43 AM




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