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Inducing Infringement of Copyrights Act of 2004







Inducing Infringement of Copyrights Act
of 2004

Inducing Infringement of Copyrights Act
of 2004
06/25/2004 08:54 AM

On first read of this proposed legislation I thought it was a parody and someone was pulling a sick joke. But unfortunately a clueless legislators who has gotten some serious campain donations from the sponsors.

I get tired of having to get up on my soap box but I must and will until this madness is brought to a halt. Dan Gillmor sums it up perfectly:

"This bill, the stated purpose of which is to criminalize actions that might "induce" copyright infringement, doesn't just overrule the Sony Betamax case, which gave us the right to tape TV shows to watch later. It would turn people offering totally legitimate technology into criminals, if what they offered could also be used for infringing purposes."

The EFF has written up an example complaint that is on Gillmor's site that could be submitted if this legislation makes it to the floor of congress. I encourage your to read Dan Gillmor's article he has links to the Elected Officials we need to write to this time.

Folks won't be long before we will have to swipe our debit cards thru our multi-media devices to listen to music we have paid for or to watch TV thru the set we purchased along with the monster cable bill we have to pay every month. Think I'm joking don't you know their are associations out their that want just that. [Dan Gillmor]




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"Inducing Infringement of Copyrights Act
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"Inducing Infringement of Copyrights Act
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06/25/2004 02:02 AM
the INDUCE Act .. bill

lessig.org/blog/archives/COE04694_LC.pdf
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Update on "Inducing Infringement of
Copyrights Act of 2004"


Update on "Inducing Infringement of
Copyrights Act of 2004"
06/24/2004 09:33 PM
Dan Gillmor
Congress Goes After Peer to Peer

UPDATED

I hadn't been taking some proposed new copyright legislation very seriously, mainly because it's logically absurd on its face. But the "Inducing Infringement of Copyrights Act of 2004" (PDF) seems to be moving so quickly that we have to pay attention now.

It's basically a bill that can make the creation of technology that could possibly be used for "piracy" illegal. More on Dan's blog. Please take a look. It's quite absurd and dangerous. If it's moving quickly, I think we need to mobilize against it as soon as possible. Japan always gets hand-me-downs of ugly US bills so please stop it!

UPDATE - a scenario of what would be illegal:

Boing Boing
Here's EFF's hypothetical complaint against Apple (for making the iPod) C|Net (for reviewing the iPod), and Toshiba (for supplying hard drives for iPods).


Are TV Networks Inducing Infringement?


Are TV Networks Inducing Infringement? 07/28/2004 04:53 PM
Ernest Miller writes "Techdirt has already noted the copyr ight controversy over JibJab's version of "This Land is Your Land." Some say the flash animation is protected parody, others infringing satire. Now the Home Recording Rights Coalition points out that when the television news broadcasters promoted the humorous animation, they were likely inducing copyright infringement. This would make the television broadcasters potentially liable for millions of infringing downloads under the INDUCE Act, which Techdirt has mention ed a few times previou sly. Bonus: The HRCC's press release mentions Techdirt."

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Copyrights in the Blogosphere


Copyrights in the Blogosphere 01/06/2005 03:17 PM
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In A World Without Copyrights 12/04/2003 02:25 PM
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Pre-Emptive Strikes Copyrights


Pre-Emptive Strikes Copyrights 03/19/2003 10:27 PM
Michael O'Connor Clarke just mailed me to say that a fellow Toronto blogger of his intends (but not really) to sue the US Government over their mis-appropriation of the name they're giving to Gulf War II, The Vengeance, to be known forthwith as Operation Iraqi Freedom.
He casually coined the term in an earlier blog entry, thinking nothing of it. Now it turns out that this may indeed be the chosen 'nom de guerre' for Dubya's illegal and unjust pre-emptive military campaign.
Any bets on what Gulf War III, when Jeb Bush goes back to honour his brother and father, will be affectionately known as?

Actually, I wonder if a bunch of high google ranking anti-war bloggers 'hi-jacked' the name for the operation, if that would constitute negative, unpatriotic behaviour? Does the US Miltary control the web? No. Isn't it ironic that they invented it in the first place? Yes. I'm not suggesting that we all blog negative stuff about Operation Iraqi Freedom, perish the thought, but wouldn't it be interesting if the top 100 searches returned by Google were pointers to negative coverage? I'm sure we'll see....

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Flexible Copyrights Hop the Pond 04/18/2005 04:53 AM
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Copyrights on Contributed Content 01/04/2005 11:04 AM
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McBride's New Open Letter on Copyrights


McBride's New Open Letter on Copyrights 12/05/2003 12:59 AM
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Microsoft to sue Mike Rowe for
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TiVo to lead fight on copyrights 07/22/2004 08:12 PM

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(Requires free registration to read the linked article) Hollywood studios and the National Football League are freaking out about TiVo’s plan for expanding it’s service so that users could watch copies of shows and movies on other devices outside of their homes. The filings made against TiVo state that this technology will violate the copyrights of TV shows that broadcasters air in their digital form. I don’t know about the rest of you, but I…

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Cory Doctorow: Every volunteer for the American Red Cross is requ ired to sign on to an agreement that covers things like proper conduct, confidentiality, and includes a requirement for all volunteers to sign over all copyright/trademark/patent rights in any work-related writing, art and inventions come up with during their term, and for a full year afterward. Why the hell does the Red Cross need to own the copyrights in the work-related blog postings you make for a year after you stop spending your free evenings handing out cookies to blood-donors? If you write a novel and include some real-life details gleaned from volunteering in a disaster-relief efforts, does the Red Cross really deserve to take all rights to it?
Disclosure and Ownership of Intellectual Property. I (i) shall promptly and fully disclose to Red Cross any and all Intellectual Property, (ii) agree that all Intellectual Property shall be owned by Red Cross, (iii) agree to and do hereby assign, transfer and convey to Red Cross the entire right, title and interest in and to all Intellectual Property, (iv) will execute and deliver any and all documents, take all actions and render any and all assistance reasonably requested by Red Cross, during or at any time after Volunteer Service, to establish Red Cross’ ownership of, or to enable Red Cross to obtain patents to or register copyrights of, any Intellectual Property, and (v) acknowledge that all Intellectual Property that is copyrightable subject matter and that qualifies as a "work made for hire" shall be automatically owned by Red Cross. In the event Red Cross is unable for any reason whatsoever to secure my signature to any document required to apply for or execute any patent, copyright, or other applications with respect to Intellectual Property, I hereby irrevocably appoint Red Cross and its authorized officers and agents as my agents and attorneys-in-fact to execute and file any such application and to do all other acts to further the prosecution and issuance of patents, copyrights, or other rights with respect to Intellectual Property with the same legal force and effect as if executed by me. As a reminder, Intellectual Property shall only include intellectual property created by me (y) in the course of Volunteer Service or using Red Cross time, equipment, information or materials, and (z) within one (1) year after termination of Volunteer Service and relating directly to work done during Volunteer Service.
80K PDF Link (Thanks, Bruce!)

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continuing congressional confusion on
copyrights (ie, not just (c), or (cc),
or even (ccc) but (cccc))


continuing congressional confusion on
copyrights (ie, not just (c), or (cc),
or even (ccc) but (cccc))
07/07/2004 02:51 PM
Word has it that the regulators in Washington are enamored of Professor (in the School of Computing) Hollaar's recent paper, So ny Revisited, and that it is in part responsible for Congress' current infatuation with the Induce Act. Professor Hollaar is a smart guy, and his paper is an interesting and well-researched examination of secondary liability in the context of copyright law. But if Congress thinks this justifies the Induce Act, then there is some deep confusion somewhere. I suspect there are two possible sources for this confusion. (1) Hollaar discusses the scope of "inducement" liability in the context of patent law. There are some in Congress who seem to think that the Induce Act "merely" carries the same idea to copyright law. This is just a mistake. The scope of the Induce Act as written is far broader than the scope of inducing patent infringement as interpreted. And if "all" Congress wants to do is extend patent inducement to copyright law, then it should amendment the Induce Act to state precisely that. That would be a vast improvement over the existing proposal -- not enough to justify it in my mind, but it would make the harm it will cause much much less significant. (2) Hollaar discusses the purpose and meaning of the Sony case. While his discussion is technically correct enough (though the idea that copyright is the right to protect a "business model" is really not right at all), imho, the Professor, and in turn, the supporters of the Induce Act, are really missing the point of Sony. As everybody knows, Sony set the rule that when a new technology has the "potential" to support "substantial noninfringing use" of copyrighted material, the maker of the technology would not face secondary liability for copyright infringement. But what no one (in Washington, at least) seems to understand is why Sony set that standard. It was not because the Supreme Court is filled with copyright infringers who wanted to encourage copyright infringement. It was instead because the Supreme Court was filled with judges not eager to engage in the complex balancing required to judge whether a technology creates more benefit than harm. As the Court stated:
Sound policy, as well as history, supports our consistent deference to Congress when major technological innovations alter the market for copyrighted materials. Congress has the constitutional authority and the institutional ability to accommodate fully the varied permutations of competing interests that are inevitably implicated by such new technology.
This is not an opinion about copyright law alone. It is an opinion about separation of powers -- about which branch is best able to do the necessary balancing that copyright law demands, "within the limits of the constitutional grant." Sony says, in effect, when a technology is not simply a technology for violating the law, then it is left to Congress to decide whether and how that technology is to be regulated. Congress, not the courts. Why is that a great idea? Because (isn't this obvious to Republicans?) courts are awful, expensive, and slow institutions for judging the economic effect of new technology. Soviet planners with better lighting. And rather than bury innovators in years of litigation before their innovation gets to market, the Sony rule says: let the innovation go, if there is a potential for a substantial noninfringing use, and if Congress wants to regulate it more, then let Congress weigh the benefits of the technology against its costs. Ignoring this extremely sensible separation of powers principle has already cost Silicon Valley dearly. See, e.g., ReplayTV. ReplayTV is the digital equivalent of the VCR. It does the job more efficiently, and it promised to do some things the VCR couldn't do, too. But under the principle of Sony (innovate first, regulate later), it should plainly have been allowed into the market without intervention by the courts. Yet precisely the opposite happened. Content owners sued ReplayTV. It was dragged into federal litigation for many many months defending its new technology. And before the case could be resolved, the company effectively declared bankruptcy. Is this the future Senators Hatch and Leahy want for all new technologies that impact copyrighted material? Will every Apple be forced to defend its innovation in a federal court? Will federal judges become the arbiters of good technology? Will technology firms be forced to spend more on lawyers than on R&D? Whatever the lobbyists say about this bill, this is the single most important fact that we should not forget: It is a lawyer employment act. It will force technologists into court before they get to enter the market place. It will shift responsibility for striking the balance in copyright law from Congress to unelected federal judges. That's not a bad thing for me, or my kind. I, after all, think the courts have some role here (in setting the limits of copyright), and I, after all, make lawyers for a living. But for an already overregulated Silicon Valley, it is another nail in the coffin by the regulating-obsessed in Washington.

TiVo's Plans Lead to Fight On Copyrights


TiVo's Plans Lead to Fight On Copyrights 07/22/2004 04:38 PM

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TiVo's Plans Lead to Fight On Copyrights
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Infringement isn't terrorism


Infringement isn't terrorism 12/04/2003 08:22 PM
My colleague Jason Schultz has blogged some pithy remarks about the head of WIPO's comparison of copyright infringement to terrorism. God, how I hate the comparison of all things to terrorism, it's such shoddy rhetoric. Really: if copyright infringement is like terrorism, does that mean that our first line of defense against illicit music downloading shoud be the systematic confiscation of nailfiles and scissors from business travellers?
Mr Idris described how he had heard of children dying after using counterfeit baby shampoo and warned of the potentially disastrous consequences of relying on machines that had been made using an illicitly duplicated model.

Excuse me, but those aren't intellectual property/piracy problems. False advertising is a consumer protection issue and a problem that everyone supports eradicating...

However, there have been several documented instances where WIPO's own high protectionist patent and data registration policies are actively hurting patient access to AIDS-related drugs and other essential medicines in the third world, Africa in particular...

Link

"A combination of innovation and
infringement"


"A combination of innovation and
infringement"
07/07/2004 01:08 PM

Annalee Newitz has a great article in Alternet about Mash-ups, going over the copyright laws involved and how the laws are viewed in the mash-up scene. It's an interested clash, where restrictive laws loom over digital musicians armed with low-cost computers and software that makes mixing easy. In this realm, Newitz sees mash-ups as a form of protest, where DJs knowingly violate laws in order to spread their art in the world.

As a masher on [Get Your Bootleg On] recently posted, "Everything is illegal." Under an I.P. regime where artists feel like nothing goes, it seems that everything could. The infringement generation aims to mash up copyright law in pursuit of better music. But it also has a chance to challenge social divisions more profound than the distinctions between hip-hop, rock and electroclash.

Company Name in URL Not Copyright
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Wall Street Nerves Over Google IPO, EU
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Other Cyberspace Breakdowns


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05/04/2004 03:18 PM
AVN Online May 4 2004 7:04PM GMT

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IBM faces copyright infringement suit 06/09/2004 07:04 PM
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RFID tag firm over patent infringement 06/10/2004 08:05 AM
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Allnet GPL Infringement Settled
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Slashdot Feb 19 2004 10:20AM GMT
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