New Intellectual Property Bill in Senate is a Direct Threat to Blogging
by Chris Bowers, Mon Jul 26, 2004 at 09:34:18 AM EDT
"We think this is a recipe for disaster for the Internet," said Markham Erickson, general counsel for NetCoalition, a public policy group that represents Internet companies like Google, Yahoo and Internet service providers. "The bill as it is currently drafted is extremely broad and not entirely clear. It would, at a minimum, undermine the Sony Betamax decision."
In the Betamax decision, the Supreme Court ruled that any technology that people use for legal purposes would be legal -- even if the device could be used for illegal purposes, like content piracy. Because of the ruling, the consumer electronics industry and Hollywood went on to develop a thriving market in home video and DVDs.
"This takes an objective standard and replaces it with a subjective one that allows a copyright holder to try and determine the intent of a company when producing a product," Erickson said. "It's not outside the realm of possibility that you would be placing the entertainment industry in charge of technological innovation if this law were passed."
In addition to its widespread impact throughout the technology sector, this law could potentially be used to sue several existing blogger platforms, including moveable type and typepad, out of existence. Don't think for a minute that large media conglomerates wouldn't at least entertain the thought of putting their new competitors, on both the right and left, out of business.Update: Contact your Senators about this bill. It is called the Inducing Infringement of Copyrights Act, and is Senate Bill 2560.
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