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Counseling Copyright Infringers May Be A Crime







Counseling Copyright Infringers May Be A
Crime

Counseling Copyright Infringers May Be A
Crime
06/17/2004 06:49 AM

Senator Orrin Hatch clearly has some bizarre beliefs about copyright infringement. Exactly a year ago, he made his infamous suggestion that companies figure out a way to destroy the computers of anyone who infringes on copyrights. While that seemed a tad extreme to most folks, Hatch continues his crusade against the things like fair use and innovation. While it's not yet confirmed, the EFF is reporting that Hatch is set to introduce a new bill that would make it a crime to "induce" copyright infringement. That seems fairly broad and ridiculously dangerous. Even worse, the law also targets those who "counsel" infringers. Does this mean those who infringe on copyrights, even for fair use reasons, no longer have a right to legal representation? Update: More details including the apparent language of the bill and an excellent analysis by Ernest Miller about how ridiculous this whole thing is from the title of the proposed bill right through its intent.




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My cow-orker Fred Von Lohmann has unearthed a plan by Orrin Hatch to introduce a law that would make "counselling infringers" illegal.
Rumor has it that Sen. Orrin Hatch (R-UT) will be introducing a bill tomorrow that would add a new Section 501(g) to the Copyright Act granting copyright owners a cause of action against those who "induce" copyright infringement (cf. patent law). This bill, dubbed the INDUCE Act, would apparently also reach those who "counsel" infringers.

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.

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