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Topic: Induce Act


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  FMC | Understanding the INDUCE Act
The dispute over the INDUCE Act is largely taking place between the content creators, which support the protection of their copyrights, and the technology industries, which fear that the bill attacks their current and future innovations.
Another supporting argument for the INDUCE Act is that it should stop corporations that are operating by intentionally structuring their businesses to avoid secondary liability for copyright infringement.
The INDUCE Act has great potential to hurt the development of new technologies because it decreases the incentive to innovate as well as the incentive for venture capitalists to invest.
www.futureofmusic.org /articles/INDUCEanalysis.cfm   (2357 words)

  
 InduceActProject
The Inducing Infringement of Copyright Act of 2004, or Induce Act, was introduced to the United States Senate in June of 2004.
The ALA’s position on the Induce Act, and on copyright and technology in general[15], is a balance of protecting copyrights and promoting access to copyrighted material.
The Induce Act has the backing of the Recording Industry Association of America (RIAA) and Senator Orrin Hatch, who is himself a composer,[16] with the aim of wiping out the millions of mp3 files that are shared daily over the Internet.
www.u.arizona.edu /~bfulton/induceact.htm   (7131 words)

  
 LibraryLaw Blog: INDUCE Act
According to recent news reports, the Senate is expected to take action on the INDUCE Act on Thursday.
Don't Induce's language was proposed August 24 to Senate leaders by consumer electronics, library groups and others.
Siva Vaidhyanathan recently wrote an article for Slate on the INDUCE Act, which allow civil penalties to those who would "intentionally aid, abet, induce or procure" a copyright violation by a another.
blog.librarylaw.com /librarylaw/induce_act/index.html   (952 words)

  
 Corante > The Importance of... > INDUCE Act
One of the most devastatingly bad things that the INDUCE Act does is that it blows up the relatively clear lines of contributory and vicarious copyright infringment to extend liability into an ever more diffuse cloud of causality.
According to the INDUCE Act, "intent [to induce] 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." This is an incredibly low standard.
On the Burden of Persuasion for the INDUCE Act (IICA)
www.corante.com /importance/archives/cat_induce_act.html   (13502 words)

  
 Induce Act in action today (donewaiting.com)
Let's start with the Induce Act—"The IICA ("Induce Act") is one of the most dangerously misguided and malicious pieces of technology legislation to rear its ugly head in the last decade."
According to Ernest Miller, today's scheduled markup of S.2560 (The Induce Act) in the Senate Judiciary committee isn't happening.
Check out The Induce Act Blog and Miller's Hatch's Hit List for more information and analysis of the ramifications of this legislation.
www.donewaiting.com /archives/2004/09/induce_act_in_a.php   (260 words)

  
 USATODAY.com - Tech firms craft alternative to anti-piracy bill   (Site not responding. Last check: 2007-10-11)
The companies behind the alternative to the so-called Induce Act want to restrict the scope of the proposed bill, which would essentially make companies liable if their software or technology encourages users to violate copyright laws.
Critics of the Induce bill have argued that, in its current form, it could be used as the basis of a copyright infringement case against a company like Apple on grounds that its popular iPod digital music player encourages owners to copy music, perhaps without permission.
The tech firms' alternative Induce bill narrows the scope of the bill to target P2P software companies by specifying the grounds under which a firm would be found to be encouraging copyright infringement, Deutsch said.
www.usatoday.com /tech/news/techpolicy/2004-08-26-induce-act_x.htm   (679 words)

  
 DRM Watch: Hearings Held on "Induce" Act for Anti-Piracy
Hearings took place today on the Inducing Infringement of Copyrights Act of 2004 (known as the "Induce Act" for short), sponsored by Senate Judiciary Chairman Orrin Hatch (R-UT), the latest manifestation of the media industry's strategy to crack down on music piracy through legislation.
The battle lines have been drawn on this bill for some time now and are similar to those that formed over the last attempt to solve this problem legislatively, the Hollings Bill of 2002: major media industry representatives on one side, and a range of technology companies and consumer advocacy organizations on the other.
The intent of the Induce Act is to give the media industry a legal basis for shutting down file-sharing networks such as KaZaA, Grokster, and Morpheus through claims that they are liable for "inducing" end-users to infringe copyright.
www.drmwatch.com /legal/article.php/3384901   (736 words)

  
 [No title]
Proposed in late May, the Pirate Act would make petty copyright infringement a crime, as opposed to being the civil violation that it currently is. Massive acts of piracy are, of course, criminal acts, especially when they involve racketeering and unauthorized sales of copyrighted material.
Induce allegedly stands for "Inducement Devolves into Unlawful Child Exploitation Act," and it furthers Hatch's exploitation of children-centered concerns in his quest to appease deep-pocketed entertainment companies.
In short, the act seeks to hold liable anything and everything that could be used to infringe copyrights.
arstechnica.com /news.ars/post/20040618-3906.html   (553 words)

  
 IPTAblog: Induce Act Roundup
Fred von Lohmann broke the news that song writing Senator Orrin Hatch plans to introduce the awkwardly-named INDUCE Act ("Inducement Devolves into Unlawful Child Exploitation Act of 2004"), which amend §501 of the Copyright Act to add inducement to copyright infringement as another ground for copyright infringement.
See 35 U.S.C. 271(b): "whoever actively induces infringement of a patent shall be liable as an infringer." Of course, patent law provides for much stricter protection against infringement for a shorter time period than copyright law.
This page Induce Act Roundup is part of the IPTAblog weblog and was posted on June 18, 2004.
www.iptablog.org /2004/06/18/induce_act_roundup.html   (325 words)

  
 EFF: Prelude to a Fake Complaint
The Induce Act is a nasty, brutish stick in the hands of the wrong plaintiff.
Before the introduction of portable digital music players, the value of the music files derived from infringing sources was limited by the fact that computer users generally had to be sitting at their computers in order to play and enjoy them.
Plaintiffs are pressing a claim under the Induce Act and not a claim of contributory or vicarious infringement.
www.eff.org /IP/Apple_Complaint.php   (2207 words)

  
 CNN.com - An Act that induces a lot of reactions - Aug 18, 2004
We ought to be thinking about the Induce Act in terms of what models it is using for digital copying.
If we apply the principle presented in the Induce Act's model to all media, even the lowly pencil could be construed as inducing people to break the law.
And the Induce Act is trying to do just that, to remodel the evolving landscape of cyberspace.
www.cnn.com /2004/TECH/08/17/induce.act   (591 words)

  
 Comments for: The Senate considers the Induce Act - ja.zz
CNet is reporting that the Senate is considering moving forward with the Induce Act.
The Induce Act, which enjoys broad support in the music industry and from a handful of software companies, is designed to overturn an April 2003 ruling from a California judge that said StreamCast Networks, which distributes Morpheus, and Grokster were not liable for copyright infringements that took place using their software.
Many are taking issue with a clause in the Induce Act stating that "whoever intentionally induces any violation" of copyright law would be legally liable for those violations.
techreport.com /ja.zz?id=54350   (386 words)

  
 FMC | Letter to Senate Judiciary on INDUCE Act
However, we are concerned that S. the “Inducing Infringement of Copyrights Act of 2004”; (INDUCE Act) is premature and, arguably, irresponsible [Read an analysis of the INDUCE Act].
The INDUCE Act assumes that all copyright owners do not want their works to be shared on a P2P network.
Under the INDUCE Act, it is the facilitation of the act of copyright infringement that is the target of legislation, irrespective of the kind of material being shared.
www.futureofmusic.org /news/INDUCEletter.cfm   (1739 words)

  
 Will the Induce Act Outlaw Silly Putty?
The latest example of this dangerous mix of law and technology is the Induce Act, sponsored by Sen. Orrin Hatch.
The Inducing Infringement of Copyrights Act (S. 2560) says that anyone who "intentionally aids, abets, induces, or procures" a copyright violation can be sued for copyright infringement.
Tech blogger Ernest Miller is keeping track of an Induce Act "Hit List," pointing out products and companies that might be seen to "induce" copyright infringement.
reclaimdemocracy.org /articles_2004/induce_act_hatch_putty.html   (827 words)

  
 Inducing Infringement of Copyrights Act - Wikipedia, the free encyclopedia
The Inducing Infringement of Copyrights Act, often abbreviated to just INDUCE Act, is a bill introduced in the United States Senate which targets "whoever intentionally induces any violation" of copyright.
The Act would amend title 17 of the United States Code which is related to copyrights, by adding a subsection to the end of section 501.
Whoever intentionally induces any violation identified in subsection (a) of this section shall be liable as an infringer.
en.wikipedia.org /wiki/Inducing_Infringement_of_Copyrights_Act   (366 words)

  
 CDFreaks.com | news| induce act is due for serious consideration on thursday
Induce act is due for serious consideration on thursday
However, this Act has the total opposite proposal to what the Induce Act is aiming for.
Even if the Induce Act goes into effect, I cannot see every hard drive, MP3 player and optical drive manufacturer suddenly shutting down, but it will certainly mean a change to how they advertise their products and design future products.
www.cdfreaks.com /news/10207   (2169 words)

  
 INDUCE Act Will Ban P2P Networks and Apple iPod, Critics Say   (Site not responding. Last check: 2007-10-11)
The bill, Inducing Infringement of Copyrights Act of 2004, would in the senator's words, allow creative artists to sue corporations that profit by encouraging children, teenagers and others to commit illegal or criminal acts of copyright infringement.
In a prepared statement EFF said: [Because the Induce Act defines "intent" as being "determined by a reasonable person taking into account all relevant facts," it's unlikely that a technology company like Apple would be able to easily dismiss any lawsuit brought against it, EFF said in a statement posted on its web site.
The INDUCE Act is the latest bill introduced by Sen. Hatch that is favorable to influential copyright holders.
www.legalnewswatch.com /news_372.html   (332 words)

  
 The Progress & Freedom Foundation - News
WASHINGTON D.C. The introduction of the so-called Induce Act was the biggest surprise of the year in intellectual property, argues Progress and Freedom Foundation Senior Adjunct Fellow Solveig Singleton, but not for the reasons many would suppose.
As the 108th Congress came to a close, the language of the Induce Act remained too broad, says Singleton.
The Center's director, James DeLong, has written on the complexities of the Induce Act debate on the Center's weblog at IPcentral.info.
www.pff.org /news/news/2004/122104singletoninduce.html   (417 words)

  
 Wired News: Induce Act Draws Support, Venom
A number of groups have responded: One coalition proposed a counterpoint "Don't Induce Act," and a wide array of technology and free-speech advocates have developed others.
During Senate hearings over the Induce Act in July, the U.S. Register of Copyrights Marybeth Peters -- an Induce supporter -- said she believed new legislation should modernize the precedent set in a 1984 Supreme Court decision addressing the legality of the Sony Betamax.
Four of the Induce Act's co-sponsors have assigned Peters responsibility for collecting criticism and comments for a new consensus draft.
www.wired.com /news/politics/0,1283,64723,00.html   (696 words)

  
 ZDNet AnchorDesk: Why Orrin Hatch's INDUCE Act is insane   (Site not responding. Last check: 2007-10-11)
Consider Orrin Hatch's ill-conceived INDUCE Act 0f 2004, which essentially enforces similar rules in the world of digital music.
The INDUCE Act makes an infringer out of anyone who "aids, abets, induces, or procures" someone else's copyright violation.
This act is anticonsumer and antitechnology and, as such, has made its share of enemies.
review.zdnet.com /AnchorDesk/4520-7296_16-5142800.html   (872 words)

  
 Susan Crawford blog :: INDUCE Act
So the act is called the "Inducement Devolves into Unlawful Child Exploitation Act." I'm not even sure that's how "devolves" should be used.
The Act (to be proposed tomorrow by songwriter Sen. Hatch and others) amends the copyright law to say that anyone who "induces" copyright infringement is himself/itself an infringer.
The bill known as the INDUCE Act would be another major extension of copyright protection.
scrawford.blogware.com /blog/_archives/2004/6/16/89416.html   (606 words)

  
 Induce Act tweaks fail to stem concern | The Register
The Bill (Inducing Infringement of Copyrights Act of 2004, to give its full title) adds the same liabilities for copyright infringement to anyone who "intentionally induces", via a product or service, acts of copyright infringement.
The substance of the bill remains the same, despite the addition of language which appears to permit "fair use." Such provisions are made irrelevant by the remaining language which allows manufacturers of VCRs, PVRs and PCs to become liable for inducement.
The "actor must have engaged in conscious and deliberate affirmative acts which a reasonable person would expect to result in widespread violations of subsection (a) taking into consideration a totality of the circumstances." Even with such waffle, the bill remains essentially the same.
www.theregister.co.uk /2004/09/27/induce_act_tweaked   (599 words)

  
 INDUCE Act   (Site not responding. Last check: 2007-10-11)
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1.
This Act may be cited as the ``Inducing Infringement of Copyrights Act of 2004''.
``(2) Whoever intentionally induces any violation identified in subsection (a) shall be liable as an infringer.
www.corante.com /importance/archives/INDUCE.html   (131 words)

  
 Save Betamax - National Call-In Day September 14   (Site not responding. Last check: 2007-10-11)
We're keeping tabs on the INDUCE Act, and we're issuing call-in alerts at key points when elected officials need to hear from you.
An analysis of the most recent draft of the INDUCE Act.
Boston Globe Editorial on why INDUCE is bad policy, written by a vocal critic of filesharing.
www.savebetamax.org   (778 words)

  
 Wired News: Techies Blast Induce Act
Orrin Hatch and Patrick Leahy, the sponsors of the bill, are determined to move forward with the legislation.
The Senate Judiciary Committee heard testimony about the Inducing Infringement of Copyrights Act -- otherwise known as the Induce Act (S. In its current form, the bill proposes to slap technology companies for making any device that could "induce" or encourage buyers to make illegal copies of songs, movies or computer programs.
He said the Induce Act would slow down innovation as new products are targeted for litigation.
www.wired.com /news/politics/0,1283,64315,00.html   (936 words)

  
 Is your computer a loaded gun? - Salon
At a Senate hearing on Thursday, defenders of the Induce Act -- which would ban technologies that encourage copyright infringement -- will try to explain why their bill isn't the stupidest idea they've ever come up with.
It's awkwardly named the Inducing Infringement of Copyrights Act, or the Induce Act.
It would subject to civil penalties anyone who "intentionally aids, abets, induces or procures" a copyright violation by a third person.
dir.salon.com /story/tech/feature/2004/07/22/induce/index.html   (984 words)

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