Senator Orrin Hatch has introduced a new bill on copyright titled Inducement Devolves into Unlawful Child Exploitation Act. How it affects children is left unsaid and open to our imagination. But it is a short simple law that with a few words destroys many of our legal precepts.
It says: “Whoever intentionally induces any violation [of copyright] shall be liable as an infringer.” Then it goes on to say “intentionally induces means intentionally aids, abets, induces, counsels, or procures [copyright infringement], and intent may be shown by acts from which a reasonable person would find intent to induce infringement…”
Well, no one likes those nasty kids who spend all there time stealing music and sharing it online. We need another reason to sue them and throw them in jail. And this is another tool that the RIAA and the MPAA can use to shut down these violators who copy their wares.
Now lets be clear on wha is going on here. The Internet and person to person file transfers have made a whole new way of music distribution possible. The entrenched media don’t seem to understand how to make money at it - it doesn’t fit their business model.
Rather than embracing the new media and learning how to make money with it, they have been trying to swim upstream and make the use of modern methods illegal. And this bill is another attempt at that.
But, instead of narrowly focusing on those who violate copyright, they have tried to stop innovation, eliminate fair use, first purchase and other time established consumer rights in the process. In actuality, this is bad for everyone, including their own industry, but they don’t see that yet.
So what are the potential consequences of this new bill? Attorney Susan Crawford says it includes the word cousel, it may even be illegal to hire a lawyer if you have downloaded copyrighted material. It could affect your right to tape shows or movies off your home TV, even if it is only for your own personal use. And it could limit your free speech right to even discuss in the privacy of your own home how to get around copyright protection schemes.
Activities which will become illegal include making a backup copies, making VCR copies of DVDs for you children, playing music you purchased on your own computer, and many other activities.
In short this is another bill which will hender innovation of new consumer products and services and criminalize thousands of innocent people who are exercizing their time worn rights of fair use and first purchase.
Are you a criminal under the new law? Are your kids? WIll you be sued? Will you go to jail?
-Murrel Rhodes