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Stowe Boyd is a well-known media subversive, and an internationally recognized authority on real-time, collaborative and social technologies. His new blog is Message.

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June 28, 2004

INDUCE Act - P2P Illegal?

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Posted by Stowe Boyd

The furor about the stupidity of the Induce Act continues to mount. I point your attention to the fantastically (obsessively) annotated transcript of the act over at The Importance of.... Note that the CNet piece is entitled "Senate Bill Bans P2P Networks".

The act is really dumb (as Ernest Miller proves in his interlinear commentary), but may have the impact of making all P2P technology illegal, since it could act as an inducement to the little children, who would potentially break copyright and various moral laws as well. This is the most egregious example of prior restraint, ever.

Today, in the Lenz Blog, I saw a few really dumb comments about the act.

K Lenz
[from A Balanced View of the INSANE Act Proposal]

If the proposal can come up with an answer to these questions, possibly requiring adding some language to restrict its application to Internet P2P software that is specifically designed to resist enforcement attempts by copyright holders, it might be better than the Japanese approach of just arresting creators and sort out later if it was actually illegal what they did. Sinking this proposal would not change any risk under existing rules of secondary liability for copyright infringement.

And anyway, it's not that big a deal. Even if development in the P2P area gets shut down in America, there are still some free countries around where research won't be stopped. The result of that research will flow back to the U.S. over the Internet, leaving the legislation without any measurable effect on the availability of P2P software there.

I'm sorry, but unless this is incredibly tongue-in-cheek it *IS* a big deal.

Potentially every IM system is impacted (to the degree that it can be argued that they are P2P), and a wide variety of useful tools like Groove, Shinkuro, WiredReach, and thousands of others, leaving aside the targets of the Act, like Kazaa, Morpheus, etc. This is a sledgehammer approach to hitting a pesky mosquito -- don't get me wrong, the mosquito is carrying malaria, but this is not the way to fight it.

The Induce Act has got to be fought. Write your Senators and Congressional representatives, and tell them to block passage of this act,

Comments (4) + TrackBacks (0) | Category: Law


COMMENTS

1. BillG on June 28, 2004 10:05 PM writes...

Stowe...any thoughts regarding p2p collaboration programs like Groove being included by the Induce Act as its currently written?

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2. BillG on June 28, 2004 10:47 PM writes...

Stowe...disregard my first comment....I had Groove on my mind....but meant to ask about P2P voice....ie Skype.

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3. Stowe Boyd on June 29, 2004 09:13 AM writes...

Yes, absolutely impacted, just like Groove, and many of the IM players that rely (inpart) on P2P technologies.

Permalink to Comment

4. tmq on September 17, 2004 11:26 PM writes...

p2p manifesto

we the people reserve the right to subvert capitalism for the people's
common good. we recognize that our actions are deemed illegal by an
arbitrary government. we revoke said authority and persist in our
natural glory. our goal of chaotic determinism aims to break the
agents of property not the celebrated originators of information. we
salute the originators and ask for sanction in bountiful times. We
shed not a tear for those who fail our side. yet our intention is not
to cause suffering but to exercise our souls in freedom. our world is
abundant and we rebuff the system that imposes artificial scarcity. we
hail evolution and have faith that our pursuits will cultivate wise
change. we prevail in our union of democratic communication ever
vigilant of our equal tendencies toward corrupt amoral systems and the
people's will.

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