Topic: Outlawing the IPod?

[Nemesis]

That's according to critics of a Senate amendment to the copyright code proposed by Sen. Orrin Hatch this week called the 'Induce Act'. He wants to make the 'intentional inducement of copyright infringement' an offense, and this will extend liability to any manufacturer of a device which plays infringed material, or a shop that sells such a device, they say.

Hatch's terse amendment states that "the term 'intentionally induces' means intentionally aids, abets, induces, or procures; and intent 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, including whether the activity relies on infringement for its commercial viability," in which caser the inducer becomes an infringer.

Link to story

Hatch rather gleefully points this out. "Congress codified no exceptions for 'substantial non-criminal uses'."

In his floor speech introducing the measure, Hatch said that once people are given PCs, they are bound to infringe. (Many would agree with him there). So he frames his bill as a protection. Hatch said people weren't aware that they were breaking the law by running P2P software, (citing work by Harvard's Berkman Center, which says the Senator quoted them out of context) and therefore running "piracy machines" that had been designed to mislead their users. Therefore, his argument goes, the users are in need of protection from 'inducement'.

Would that not outlaw VCRs, cassette recorders, CD Burners, DVD burners, floppy disks, memory cards, photocopiers, scanners, etc?   They can all be used for copying copyrighted materials.

[Dash Jones]

Actually, seeing it would outlaw things from the start, I think it would outlaw WinXP, Win9x, and all other Win applications working off a sourcecode originally pirated off from Kodak...wouldn't it?

I think Apple got it from Kodak and then Microsoft stole it from Apple...in anycase, Windows would hence be illegal...already has been, just no one ever has had the money to actually be able to hire efficient enough lawyers to break MS's lawyer force.

[Clark Kent]

I don't remember if it was kodak or not, but Apple did buy rights to the classic mac OS software (OS 9 and previous).  Being a mac supporter, i'm shooting myself in the foot by saying this, but I've heard arguments that apple acquired these rights through somewhat shady means.  I don';t know particulars of this argument though.
Windows operating systems are a direct rip off of the mac OS, something that microsoft wasn't content to stick to now that Apple has moved onto a newer unix based operating system, which MS is now trying to imitate in much the same way as previous wndows systems.  last I heard was that MS was not pirating since the case was brought up over windows 95, which a court ruled was not an actual operating system because DOS was still running as the core OS.

CK

P.S.  I like Latinas...
....And apparently Asian ladies as well...

[jualdeaux]

That's according to critics of a Senate amendment to the copyright code proposed by Sen. Orrin Hatch this week called the 'Induce Act'. He wants to make the 'intentional inducement of copyright infringement' an offense, and this will extend liability to any manufacturer of a device which plays infringed material, or a shop that sells such a device, they say.

Hatch's terse amendment states that "the term 'intentionally induces' means intentionally aids, abets, induces, or procures; and intent 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, including whether the activity relies on infringement for its commercial viability," in which caser the inducer becomes an infringer.

Link to story

Hatch rather gleefully points this out. "Congress codified no exceptions for 'substantial non-criminal uses'."

In his floor speech introducing the measure, Hatch said that once people are given PCs, they are bound to infringe. (Many would agree with him there). So he frames his bill as a protection. Hatch said people weren't aware that they were breaking the law by running P2P software, (citing work by Harvard's Berkman Center, which says the Senator quoted them out of context) and therefore running "piracy machines" that had been designed to mislead their users. Therefore, his argument goes, the users are in need of protection from 'inducement'.

Would that not outlaw VCRs, cassette recorders, CD Burners, DVD burners, floppy disks, memory cards, photocopiers, scanners, etc?   They can all be used for copying copyrighted materials.

it seems good old Hatch is trying to dive up back to the '70s, or earlier.

[Ravok]

 Does anybody think this will clear the floor, And become law? It seems tangled and vauge to me.

[Dash Jones]

I don't remember if it was kodak or not, but Apple did buy rights to the classic mac OS software (OS 9 and previous).  Being a mac supporter, i'm shooting myself in the foot by saying this, but I've heard arguments that apple acquired these rights through somewhat shady means.  I don';t know particulars of this argument though.
Windows operating systems are a direct rip off of the mac OS, something that microsoft wasn't content to stick to now that Apple has moved onto a newer unix based operating system, which MS is now trying to imitate in much the same way as previous wndows systems.  last I heard was that MS was not pirating since the case was brought up over windows 95, which a court ruled was not an actual operating system because DOS was still running as the core OS.

CK

P.S.  I like Latinas...
....And apparently Asian ladies as well...

 

Talk about a dumb ruling...

However, now that there's XP...I'd imagine there might be a chance to reopen that box of worms...if someone actually wanted...

[Clark Kent]

Yes, it was a terrible ruling, left alot of mac users very ticked off, and many of us who have been mac users for years and years now have a complete disgust for microsoft.  There was talk, I read once, of bringing the suit back up, but for one reason or antoher Aple didn't.  I'm not sure why.  Possibly because they were working on OS X, which went a new direction from the old systems, which longhorn is looking like it will be a direct rip off of once again.