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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.

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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

« WIPO 2.0, Part II | Main | BSA Steps Back Into the Ring »

September 30, 2004

Induce Act Rhetoric Kicks Up a Notch

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Posted by

..or maybe two.

The Washington Times brings us some choice words from Richard Lessner on the Induce Act and its sponsors: "Unfortunately, this misguided legislation's chief sponsor is Utah's Sen. Orrin Hatch, a Republican who should know better and who once aspired to serve on the Supreme Court. Sen. Hatch, sometime songwriter, is close to the music industry and is happy to carry the water for this trial attorney boondoggle."

Meanwhile, the New York Times offers an amusing point/counterpoint exchange between the RIAA's Mitch Bainwol and cyberlaw prof/Yale ISP fellow/broadcast flag waiver/rising blogstar Susan Crawford:


"Napster was shut down because it had a centralized server," [Bainwol] said, referring to the father of peer-to-peer file sharing that was forced to shut down in 2001, and later reopened as a pay service. Soon after Napster's initial collapse came the decentralized peer-to-peer networks that are now at the center of the debate. "These decentralized systems exploit a loophole. They make money on advertising and their business model is based on theft."

While that may be true, opponents of the Induce Act say that the bill's language is so sweeping that many other technologies may be in danger of being caught in its grasp. They argue that innovations as common as the VCR - or Xerox machines or the iPod - would never have come about if their inventors had toiled under the threat that some users might misuse the technology.

"This is not just closing loopholes," said Susan Crawford, a professor of Internet law at the Cardozo School of Law in New York. "They're creating nooses."

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


COMMENTS

1. Mike liveright on September 30, 2004 12:19 PM writes...

As Barbara Boxer is co-sponsoring the bill, I have written the following to her.

p.s. I got a Browser error the first time I submitted this, so I appologize if it is a duplicate

==============================

I am strongly in favor of Digital Freedom ( reasonable copyrights ) as I belive that it both helps Technological development and knowledge expansion... I thought that you, as opposed to Feinstein were in favor of this also and am very discouraged to read that you are a co sponsor of the Induce bill.

Though I will probably vote for you in this fall's election, as on balance your positions seem to be better than your opponents, I will be sending a contribution, based on your vote to the EFF to support an other candidate who will vote against the bill.

Thanks in general your representation, reconsider your position on the INDUCE ACT and Vote against it and thus permit freer technological development and knowledge distribution.

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