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Ernest Miller Ernest Miller pursues research and writing on cyberlaw, intellectual property, and First Amendment issues. Mr. Miller attended the U.S. Naval Academy before attending Yale Law School, where he was president and co-founder of the Law and Technology Society, and founded the technology law and policy news site LawMeme. He is a fellow of the Information Society Project at Yale Law School. Ernest Miller's blog postings can also be found @

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August 23, 2004

INDUCE Act (IICA) Interview (with me) and Other News

Posted by Ernest Miller

Richard Koman of Anywhere Books and O'Reilly interviewed me concerning what is wrong with the Inducing Infringement of Copyrights Act (IICA, née INDUCE Act) (Ernest Miller on What's Wrong with the Induce Act). It seems a bit egotistical but, go, read. :-)

About a week ago, the New York Times ran an editorial, In-House Advice, condeming the INDUCE Act (The NY Times Against the INDUCE Act (IICA) and a News-Leader Op-Ed). Today, head of the RIAA Mitch Bainwol responds in a letter to the editor (Music Downloading and Congress):

If there are concerns about the Induce Act's scope, let's work constructively to address them. We, too, want to see technology flourish. But what of the legitimate online entertainment services forced to compete against stolen copies of the same product offered for free? That's a decidedly unbalanced playing field.
Well, some suggestions have already been made ... let's see if the RIAA responds constructively.

Speaking of suggestions, I spoke to a member of the Senate Judiciary Committee staff today and they have yet to schedule any meetings regarding the INDUCE Act despite a report being due from Marybeth Peters, the Register of Copyrights, on September 7th (Senators Put Copyright Office in Charge of Finding INDUCE Act (IICA) "Consensus" by Sep 7). However, they did confirm that all the organizations that were invited to the Senate hearings (Protecting Innovation and Art while Preventing Piracy) would be invited to participate in meetings: Consumer Electronics Assoc., Business Software Alliance, IEEE-USA, NetCoalition and the RIAA. A consumer group will also be invited, but which one has yet to be determined.

Now, I've given Hiawatha Bray a hard time for being one of the most consistently wrong tech reporters out there (in his case, for the Boston Globe). However, recently, he has been writing stuff I actually agree with more or less. In his latest article he acknowledges what the Grokster decision means for the music industry, but opposes the INDUCE Act (A swan song for the music industry and PDF):

But I changed my mind [about the INDUCE Act] when Marybeth Peters, the chief of the US Copyright Office, praised the Hatch bill because it would undermine the Betamax case. If that happened, the next generation of digital marvels would be buried in an avalanche of injunctions, depositions, and discovery motions. No thanks, Marybeth. We'd rather learn to live with digital thievery.
He even endorses an alternative compensation system. Will wonders never cease? via Furdlog

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

Comments (1) + TrackBacks (0) | Category: INDUCE Act


1. Skeller on August 26, 2004 06:01 AM writes...

Such a law would formalize as governmental policy the very best and most responsive solution that corporate policy has been able to conceive, yet not implement...

Now really folks, if you had to pick the least innovative, nimble, responsive, agile, or dynamic paradigm on earth... wouldn't it be "Government"... with "Big Corporate" as a close second???

So tell me then, in the quicksilver race-pace world of technology, who do you think will come in dead-last when the next (even moderate) paradigm shift takes place in areas like P2P???

I'll give you a hint here: If you had to put 240 Gig's of content into someones posession ASAP,... how would you get that done???

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