Will The Inducing Infringement Act Kill The IPod?

[moe.ron]

Will The Inducing Infringement Act Kill The IPod?

With Senator Orrin Hatch (R-Utah) and his colleagues pushing hard to bring the Inducing Infringement of Copyright Act ("Induce Act") to the full Senate for a vote, the Electronic Frontier Foundation (EFF) is already dreading the loss of all technologies this legislation has the potential to destroy. Although Hatch wants the public to believe that the legislation will only hurt "the bad guys" in the P2P wars, EFF argues that the Act is so sweeping that "the good guys" will get taken down too. The Induce Act, which would make it illegal to "induce" people to infringe copyright, could potentially outlaw everything from CD burners to the iPod.

To dramatize how the Induce Act might harm innovators and consumers, EFF attorneys realized they would have to make the threat a reality by becoming devil's advocates. Today, EFF posted a mock complaint in a lawsuit that could be brought against Apple, accusing the corporation of selling its popular iPod music player to induce people to infringe copyright.

Read Rest Here

[PhiPsiRuss]

Bastards. Its high time that we invade the U.S. Senate. After we capture Orrin Hatch, we should declare him an enemy combatant.

[Kevin]

Never have I seen someone so in the back pocket of a special interest group. And the man seems proud of it.

I guess you can get away with acting like that in Utah, it's not like they'll ever vote for a Democrat.

[moe.ron]

Here are the Senators that proposed the Act:

Sen. Orrin Hatch, R-Utah
Sen. Patrick Leahy, D-Vt
Sen. Bill Frist, R-Tenn
Sen. Tom Daschle, D-S.D.
Sen. Lindsey Graham, R-S.C.
Sen. Barbara Boxer, D-Calif.

The aim of the act is good. I supported it. However, the act itself, like the article said, will do more harm then good.

[moe.ron]

Here is the 'Inducing Infringement of Copyrights Act of 2004'.

A BILL

To amend chapter 5 of title 17, United States Code, relating to inducement of copyright infringement, and for other purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

This Act may be cited as the `Inducing Infringement of Copyrights Act of 2004'.

SEC. 2. INTENTIONAL INDUCEMENT OF COPYRIGHT INFRINGEMENT.

Section 501 of title 17, United States Code, is amended by adding at the end the following:

(g)(1) In this subsection, the term `intentionally induces' means intentionally aids, abets, induces, or procures, and intent may be shown by acts from which a reasonable person would find intent to induce infringement based upon all relevant information about such acts then reasonably available to the actor, including whether the activity relies on infringement for its commercial viability.

(2) Whoever intentionally induces any violation identified in subsection (a) shall be liable as an infringer.

(3) Nothing in this subsection shall enlarge or diminish the doctrines of vicarious and contributory liability for copyright infringement or require any court to unjustly withhold or impose any secondary liability for copyright infringement.'.

The act is way too broad, and it could be anything from illegal peer to peer instruments all the way to your CD burner.

The Act is currently being referred to the Committee on the Judiciary.

[Kevin]

Everytime I watch MTV's "Cribs", I see the poor folks that are being robbed by MP3's. I mean.. Britney Spears couldn't buy that diamond studded toilet seat because people were swapping her songs online.

The bastards!

[moe.ron]

Originally posted by ktsnake
Everytime I watch MTV's "Cribs", I see the poor folks that are being robbed by MP3's. I mean.. Britney Spears couldn't buy that diamond studded toilet seat because people were swapping her songs online.

The bastards!

Funny thing about that is most small to middle size bands actually loved MP3s. Most of these bands make their money from touring anyway.

[Kevin]

Originally posted by moe.ron
Funny thing about that is most small to middle size bands actually loved MP3s. Most of these bands make their money from touring anyway.

I was in a small band for awhile. We made almost no money off of our CD's (which we just brought to the bars we played at and sold them there). MP3's were great. We had a website where folks could d/l our stuff -- MP3's got us a few decent gigs.

[moe.ron]

Originally posted by ktsnake
I was in a small band for awhile. We made almost no money off of our CD's (which we just brought to the bars we played at and sold them there). MP3's were great. We had a website where folks could d/l our stuff -- MP3's got us a few decent gigs.

Yup, my experience with "managing" (back during my undergrad days) and looking at bands, it's better to freely distribute the music and tour extensively. Of course, this is for the betterment of the band or singer. Record companies would hate it. Look at bands that have long life span, most of them have a free taping policies and encourage their fans to freely distribute their shows.

[Kevin]

Originally posted by moe.ron
Yup, my experience with "managing" (back during my undergrad days) and looking at bands, it's better to freely distribute the music and tour extensively. Of course, this is for the betterment of the band or singer. Record companies would hate it. Look at bands that have long life span, most of them have a free taping policies and encourage their fans to freely distribute their shows.

Those bands also tend to have a much more loyal fan base. Think Phish and the Grateful Dead. I don't think those policies have really hurt their CD sales either.

Record companies, in my opinion, have seriously f-d up the music scene in general. Especially with pop-music. Personally, I can't stand the stuff.

I don't think anything upsets me more than seeing senators so proudly in the pockets of special interests. I'm not talking about saying I "condemn" it (which is getting to be a little bit of a cliché). Just reading about Hatch and his bill makes me angry as hell. I'd write him and my congressmen letters, but I know I'd just be ignored.

[DeltaSigStan]

No matter what, people will always find a way to dl mp3s and burn them onto a playing device....

Sorry rich white men of the music industry-you're not taking our method of fighting back against your greed. lol whatever that means.

[PhiPsiRuss]

Originally posted by DeltaSigStan
Sorry rich white men of the music industry

What's that supposed to mean? And Russell Simmons isn't white.

[moe.ron]

Originally posted by PhiPsiRuss
What's that supposed to mean? And Russell Simmons isn't white.

Yeah, but Def Jam is a division of Universal Music Group.

Record companies, in my opinion, have seriously f-d up the music scene in general. Especially with pop-music. Personally, I can't stand the stuff.

I agree with you Kev. What is missing from the music industry is development of artists. They are after the big fast bucks, which is why every single freaking songs on the radio sounds the same.

[Rudey]

Except you can't stop technology...do people not understand this? Either you adapt or learn to deal with the new environment or you bow the funk out. Whether it's stem cell research or MP3s, technology wins.

-Rudey

[KSig RC]

Originally posted by Rudey
Except you can't stop technology...do people not understand this? Either you adapt or learn to deal with the new environment or you bow the funk out. Whether it's stem cell research or MP3s, technology wins.

-Rudey

Billy Corgan: "You can't stop technology - if we were smart, we'd realize that music will eventually turn into TV. Everyone gets it free, you just have to find subsidiary ways to make cash, like network TV does w/ commercial advertisements."


Smart words from a really intelligent "insider" (who happened to be a god during the late 90s, ROCK!).