What is Hatch's Hit List? Sen. Orrin Hatch (R-UT) has introduced the Inducing Infringement of Copyrights Act (IICA, née INDUCE Act) in the Senate. The bill would make it illegal to "intentionally induce" copyright infringement, but is worded so broadly that it would have all sorts of unintended consequences, one of which is to severely limit, cripple or kill innovation in many different fields. Hatch's Hit List is a daily exploration of some of the technologies and fields that the bill would likely affect. See also, Introducing Hatch's Hit List and the Hatch's Hit List Archives. Send list suggestions to ernest.miller 8T aya.yale.edu.

Today on Hatch's Hit List: DVD Jon's AirPort Express Hack

Jon Johansen, aka "DVD Jon," is most famous for participating in the development of DVD encryption-cracking software. He has also been involved in hacking Apple's FairPlay DRM.

He is back in the news because he has hacked the encryption on Apple's AirPort Express, which is a device that you plug in and stream iTunes music to your stereo, among other things. The connection to the AirPort Express is encrypted so that only Apple's software could stream music. Johansen's hack will allow others to develop software to stream music through the AirPort Express. The software was available on Johansen's site, but the site has been down for a couple of days. Check here periodically until it returns.

In any case, as Ed Felten notes on Freedom to Tinker, traditional copyright law doesn't have much to say about Johansen's hack (DVD Jon Strikes Again). There may or may not be a DMCA violation (I don't know enough about the facts to say), but it would be unlikely that Johansen's hack would lead to secondary liability under traditional theories. After all, there is a clear substantial non-infringing use for the hack.

However, Johansen is a notorious foe of DRM. Could it be that his intention was to induce copyright infringement? An AirPort Express with open APIs would make ownership of pirated material much more desirable. Sure, you can stream MP3s through iTunes to an AirPort Express, but Apple takes some steps against infringement. Johansen lets any old software developer (who might not be as copyright enforcement-friendly as Apple) connect to an AirPort Express. The very fact that the hack is "unauthorized" might encourage others to engage in "unauthorized" acts as well.

A valid INDUCE Act case? Maybe not, but Johansen would make an ideal defendant (from the plaintiff's point of view). What exactly did he intend his hack for? You certainly could tie him and his device up in court.

Want to know more about the INDUCE Act?
Please see LawMeme's well-organized index to everything I've written on the topic, including Hatch's Hit List: The LawMeme Reader's Guide to Ernie Miller's Guide to the INDUCE Act.