When the Inducing Infringment of Copyrights Act (IICA, née INDUCE Act) first became news it was disparagingly (and rightfully so) compared to an infamous bill from 2002, the Consumer Broadband and Digital Television Protection Act aka CBDTPA aka Hollings Bill (after the Senator who sponsored it) (INDUCE Act = Son of Hollings?). One of the most clever attacks on the CBDTPA was a little thing Ed Felten came up with on Freedom to Tinker: Fritz's Hit List. ...
So, starting today, I will endeavor to post every weekday an example of a nascent technology that can be quashed by the INDUCE Act.
I had a bit of IICA satire that I thought over-the-top, but in the spirit of cheerleading, maybe today is the place to mention it. I proclaim:
The INDUCE Act violates itself! You see, by definition, quote "`intentionally induces' means intentionally aids, abets, induces, or procures ...". Well, Senator Hatch intentionally introduced the INDUCE Act didn't he? He must have known that such a proposal would cause a public outcry, that it would make copyright infringement seem cool, rebellious, romantic. And hence a reasonable person could find, on the facts available at the time, that infringement would increase. So it's a self-referential contradiction, GOTCHA!
But wait, there's more - What's that you say? This is silly, because the goal, the intent, was obviously against infringement? But, aha, that's a "substantial non-infringing use" type of argument. We've just been told that standard isn't applicable. Such an exception would swallow the rule. Anyone could plead good intentions, just like they could always work up some front about non-infringing use. No, in order to give the law teeth, we must look at the effects of the actions (not conjectured effects by the proponent, note), and whether the action itself was intended. Obviously, nobody will ever say they intended inducement itself. So Senator Hatch is hoist on his own pet lard!
I know, I'll keep my day job ...By Seth Finkelstein | posted in copyblight | on July 09, 2004 11:59 PM (Infothought permalink) | Followups