"INDUCE" act will make VCR's and P2P Illegal...

[Roundabout]

From CNET today, more bad news and more senators in the **AA's pocket. Your VCR and most other electronic devices would be illegal under this act. Total insanity, this would make everyone a lawbreaker!

Antipiracy bill targets technology

A forthcoming proposal in the U.S. Senate would dramatically reshape copyright law by outlawing peer-to-peer networks and possibly other technologies, including some consumer electronics devices, that could be used for unlawful purposes.

The proposal, called the Induce Act, says "whoever intentionally induces any violation" of copyright law would be legally liable. In the draft bill seen by CNET News.com, inducement is defined as "aids, abets, induces, counsels or procures" and can be punished with civil fines and, in some circumstances, lengthy prison terms.

This measure represents the latest legislative attempt by influential copyright holders to address what they view as the growing threat of peer-to-peer networks rife with pirated music, movies and software. It was originally scheduled to be introduced Thursday by Sen. Orrin Hatch, R-Utah, but the Senate Judiciary Committee confirmed at the end of the day Thursday that the bill had been delayed. A representative of Senate Majority Leader Bill Frist, a probable co-sponsor of the legislation, said the Induce Act would be introduced "sometime next week."

Although the Induce Act is not yet public, critics are already savaging it as an unjustified expansion of copyright law that seeks to regulate new technologies out of existence.

"They're trying to make it legally risky to introduce technologies that could be used for copyright infringement," said Jessica Litman, a professor at Wayne State University who specializes in copyright law. "That's why it's worded so broadly."

Litman said that under the Induce Act, products like ReplayTV, peer-to-peer networks and even the humble VCR could be outlawed, because they can potentially be used to infringe copyrights. Web sites such as Tucows that host peer-to-peer clients like the Morpheus software are also at risk for "inducing" infringement, Litman warned.

One prominent lawyer for the music industry, who spoke on condition of anonymity, said he had reviewed and approved of an earlier draft of the Induce Act. Jonathan Lamy, a spokesman for the Recording Industry Association of America, declined to comment until the measure was officially introduced.

"It's simple and it's deadly," said Phil Korwin, a lobbyist for Sharman Networks, which distributes the Kazaa peer-to-peer client. "If you make a product that has dual uses, infringing and not infringing, and you know there's infringement, you're liable."

Foes of the Induce Act said it would effectively overturn the Supreme Court's 1984 decision in the Sony Corp. v. Universal City Studios case, often referred to as "Betamax." In that 5-4 opinion, the majority said VCRs were legal to sell because they were "capable of substantial noninfringing uses." But the majority stressed that Congress always has the power to enact a law that would lead to a different outcome.

"At a minimum, (the Induce Act) invites a re-examination of Betamax," said Jeff Joseph, vice president for communications at the Consumer Electronics Association.

[mecg]

I stand by my comment in "FINALLY Maybe some sanity in Fair Use
"

[Madz]

Am I reading this correctly? If this thing goes through, it could overturn the famous "Betamax Case" and make it illegal to own a VCR (P2P, maybe, but sheesh)??!! And they decide to do this 20 YEARS LATER???!!!! That's the biggest pile of crock I've ever heard. What do they plan on doing about the millions of VCRs and many more millions of videotapes already in existance? Not to mention the newer video recording devices!

[Roundabout]

No problem, the RIAA and MPAA will be by your home soon to pick up your VCR, DVD-RW, CD-RW, Cassette deck, and anything else you lawbreakers might have around the house to copy anything at all. :P

Seriously, this is crazy that they are even thinking about revisiting the Betamax case. If they pass this, it's worse than even the DMCA, and heaven help us if it does.

What next? I'm afraid to ask.

[lordsmurf]

Orrin Hatch is such an *******. Why do the clods in Utah keep putting this yutz in office? As soon as I saw his name, I stopped reading the article. Figures.

[Shocker Milwaukee]

Senator Frist as a co-sponsor....*hangs head in shame*

[Madz]

"What do you mean you have to take that? It's an original Edison tinfoil phonograph!" *Blah "What? 'Mary Had a Little Lamb' is copyrighted??!!!" :P

[chas0039]

There goes my pencil!

[Roundabout]

There goes my pencil!

...and your kid's Crayons!

[ViRaL1]

At least we won't have to worry about people pirating DVDs. All the equipment the RIAA uses to press the originals will be outlawed.
(Problem Solved?)

[RottenFoxBreath]

do you think if it passes,theyll have an amnesty day,for everyone to hand in there videos,etc,to either have them destroyed,or to have there recording heads removed,a sort of electronical castration.hahah

[painkiller]

Right about now, I'd be interested in knowing just how many books/articles/published briefs/legal documents that Orrin Hatch had his staff copy to do all the research necessary to form this bill.

Seems he should be on the receiving end, for once, since he holds the bulk of America in disgust.

Too bad he, and others of his ilk, can't be retroactively legislated out of existence.

[Nilfennasion]

This will never pass. Most senators are cluey enough to realise it will make criminals out of numerous family members if it does. They wouldn't want the police knocking on their door, demanding the surrender of their son's MiniDisc or MP3 player. The one thing that does concern me is that the law was even tabled in the first place.

[indolikaa]

It will never happen.


Americans would riot on a scale not seen since the Vietnam war. They're trying to use child pornography as a cover to eliminate everything including CD-RWs, which are a great way to backup personal files. But because they could also be used to infringe on copyright, they would become illegal?

Better tell those IT directors to toss their Exabyte Autoloaders now, lest they be thrown in prison for backing up customer data.

Orrin Hatch. What an *******!

[mazinz]

yeah god knows what kind of domestic terrorism would be issued against certain offices for even considering a bill such as this.

[Headbanger's Ball]

Here's a better idea ...

Why don't the recording industy try to lobby Congress to make listening to music illegal. They can make & sell the CDs then ban us from listening to it. Great business model.

Orrin Hatch is such an *******.

Aren't there still some MOST WANTED TERRORISTS on the loose that should be a higher priority over some liars with high-dollar lawyers?

I still can't see how they "lose" money tp piracy when they were'nt going to get the sale in the first place.

[proxyx99]

do you think if it passes,theyll have an amnesty day,for everyone to hand in there videos,etc,to either have them destroyed,or to have there recording heads removed,a sort of electronical castration.hahah

Here goes my PC, scanner, copier... etc. I'm still kind of hesitating wheather to surrender them or maybe put them in plastic bags and start digging a hole in my yard...

In the meantime buy all the media, DVD writers etc. still available cause they won't last long. Looks like not the communism but US goverment is the force you should be afraid of. In the name of progress straight into stone age. Damn, is a chisel a copyright violation inducement aid as well...???

[glockjs]

Orrin Hatch is such an *******. Why do the clods in Utah keep putting this yutz in office?

because its utah, there's no other reason...just that its utah...i'll leave it at that.

[Jukka]

Are they going to come round and take my brain, after all that has a kind of 'copying' device that is used to store memories of films I have seen. These guys really are completely ... uh sorry what was I on about, my memory seems to have gone, whats this thing in front of me with plastic letters on and this screen thing?

I'm off to live in North Korea - I think I'd have more freedom! Hang on - how will I get there? I won't even be allowed to 'remember' when my flights are, or even write down how to get there?

Hey ... why's everything gone all dark? In fact what is dark ...

[DVO]

It's getting really funny with all their ideas, hahaha! Plain insane... I can't wait to hear thier next idea, hahaha!

[edsmith77]

and.........
we pay these clowns how much????????

[chicola]

Why the hell do they keep beating on the dead horse????

In all neighboroods, there will be recycling bins to put all your "illegal" copying gadgets...

...next to the paper, plastic and aluminium bins.

They will be collected by the "copying authorities" and connected to the MATRIX.

[gitreel]

Why don't they just remove our brains while they are at it?

I am sure our brains are illegal as well.

[bugster]

Wouldn't this make HTTP, FTP, NNTP etc illegal too

[gitreel]

end e-mail as it could be used to transmit viruses, worms and trojans.

[DVO]

But let's keep all guns for everyone eventhough they CAN kill people...

[SatStorm]

I'll love to see this law pass...

Remember me: The next thing outlawed there, gonna be the picture photographs!

[gitreel]

Might as well do away with the internet as well as it can be used for other means.....When will this madness stop?

[The village idiot]

"It's simple and it's deadly," said Phil Korwin, a lobbyist for Sharman Networks, which distributes the Kazaa peer-to-peer client. "If you make a product that has dual uses, infringing and not infringing, and you know there's infringement, you're liable."

That would include, any writing instument, photocopiers (Oran Hatch would now be a pirate too!). You wouldn't even be able to whistle a tune while you were out walking as someone might hear it, so it would be a stolen public performance. If you read a book, and then spoke about specific passages, you would be in violation (verbal transfer of data).

Remember that it doesn't really limit this law to any specific process, so as many have said, everything is illegal.

Maybe we should all push for this to become law. Then we could throw all the stupid politicians in jail!

[Gazorgan]

You all have missed the big one. What about a LAN party? And someone "shares" a CD? That's a P2P network. In fact it technically applies to all Microsoft P2P networks; Therefore, Microsoft can facilitate Software Piracy.

Ergo, M$ must immediately put out a patch to disable P2P networking, since it can be used for pirating software.

It's all about ":getting" microsoft and not intellectual Property :P