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Donna Wentworth
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Ernest Miller
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Elizabeth Rader
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About this weblog
Here we'll explore the nexus of legal rulings, Capitol Hill policy-making, technical standards development, and technological innovation that creates -- and will recreate -- the networked world as we know it. Among the topics we'll touch on: intellectual property conflicts, technical architecture and innovation, the evolution of copyright, private vs. public interests in Net policy-making, lobbying and the law, and more.

Disclaimer: the opinions expressed in this weblog are those of the authors and not of their respective institutions.

What Does "Copyfight" Mean?

Copyfight, the Solo Years: April 2002-March 2004

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In the Pipeline: Don't miss Derek Lowe's excellent commentary on drug discovery and the pharma industry in general at In the Pipeline

Copyfight

« RIAA Killed the Radio TiVo | Main | INDUCE Act is Free Speech Killer »

June 16, 2004

INDUCE Act = Son of Hollings?

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Posted by

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.

Comments (1) + TrackBacks (0) | Category: Laws and Regulations


COMMENTS

1. bob on June 18, 2004 3:55 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.

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