Important Stuff

There is legislation in a Senate committee that can have a devastating impact on technology and it is called the Inducing Infringements of Copyright Act (formerly the INDUCE Act). Whether you are technologically challenged or a total geek, this is legislation we all must urge our representatives to oppose. Following is an article written for The Computer & Communications Industry Association and it explains, far better than I can, the possible consequences if this becomes law—we ALL will be affected.

The following is taken from The Computer & Communications Industry Association website:

“The Computer & Communications Industry Association (June 24, 2004)

A bill introduced Wednesday in the name of stopping illegal duplication of copyrighted works in fact, threatens fundamental civil liberties, The Computer & Communications Industry Association (CCIA) said today. SB 2560 (The Inducement Devolves into Unlawful Child Exploitation Act of 2004) - being rushed through the Senate by Senator Hatch - is an overreaching bill that will have profound effects far beyond its original intentions. The measure is being supported by the leadership of both parties, including Senators Patrick Leahy, Bill Frist, Tom Daschle, Lindsey Graham, and Barbara Boxer. This new bill could make illegal any technology that might infringe a copyright, even if it is routinely used for legitimate purposes.

The Induce Act would kill innovation by giving the entertainment industry an effective veto over many new technologies. Under this bill, even the financial backers of a new technology could be held accountable for infringing activity they have no knowledge of, even for activity they could not foresee. It seems almost unthinkable that in a time of economic recovery, the Senate would cast a shadow of uncertainty over an industry central to our economic growth.

Had this measure been enacted twenty-five years ago, the following technologies might not exist:

· VCR
· DVD Players
· Tivo
· iPod
· Instant messaging
· Online media players
· Compression technology
· Search engines
· Camcorders
· Home video editing software
· Internet service providers

The Induce Act reaches into the heart of our Constitution by calling fundamental First Amendment rights into question. Even a journalist or website author discussing ways in which a technology might be used to infringe copyrights could be liable under this poorly worded act. The bill would likely restrict technology users’ access to legal counsel.

Legitimate academic research could also be chilled. For example, any researcher wishing to study hacker culture may not be able to mention where the hackers exchange their wares o­nline. This could be seen as abetting infringement.

“The purpose of this bill is clear - to give copyright holders complete control over the development and distribution of technology in the United States,” said Dan Johnson, CCIA Technology Counsel. He continued, “Under the bill, copyright holders have the ability to accuse anyone of infringement at any time - without proof. This will obviously chill innovation as technology companies will be forced to have lawyers guide their technology through development, or not release new technology at all.”

Mr. Johnson concluded, “We are alarmed by the speed at which this bill is being forced through the Senate. A bill that creates such undue burdens and has such far-reaching effects deserves a full public discussion. We call o­n Senators Hatch, Leahy, Boxer, Graham, Daschle, and Frist to hold public hearings immediately so the full effect of this bill can be examined."

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CCIA is an international, nonprofit association of computer and communications industry firms, representing a broad cross-section of the industry. CCIA is dedicated to preserving full, free and open competition throughout its industry. Our members employ over half a million workers and generate annual revenues in excess of $200 billion.”

More can be learned about the IICA at Public Knowledge.