About this Author
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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« No INDUCE Act (IICA) Markup Tomorrow? | Main | Copyright Shenanigans Not Over in Congress - Piracy Education Act Dangerous »

October 07, 2004

Final INDUCE Act (IICA) Draft From Copyright Interests - INDUCE Dead for Now

Posted by Ernest Miller

It would appear that the Inducing Infringement of Copyrights Act of 2004 is dead. Newsday runs an AP wirestory on the death of INDUCE (Senate Talks Fail on File-Sharing Software). via Copyfight

For the record, according to an anonymous source, this draft version of the INDUCE Act from the copyright industries is the one that finally convinced consumer and technology groups that compromise wouldn't be reached: INDUCE Act - Copyright Owners' Tentative Proposal - 05 Oct 2004 [PDF]

This draft is most similar to the one pointed to by Ed Felton here: Recent Induce Act Draft.

Of course, we should all be wary of the mischief Congress accomplishes during lame duck sessions, as well as a revived INDUCE Act next term.

Might I suggest that the copyright industries spend more time and money developing new business plans rather than legislation-drafting lawyers?

Comments (3) + TrackBacks (0) | Category: INDUCE Act


1. Rolo Timassie on October 8, 2004 03:00 AM writes...

Yeah, it's really simple -- all content owners have to do is come up with a business model that allows them to compete with free downloads, and make money while doing it! How come they haven't figured out how to do that?

Permalink to Comment

2. Ernest Miller on October 8, 2004 03:30 AM writes...

Hmmmm ... reliability, reasonable prices, scope of offerings, speed, convenience, secondary applications, vs. unreliability, inconvenience, free and threats of lawsuits. Gee, wonder why the free P2P systems have been whomping their ass? Don't people want to pay for convenience anymore?

Of course, first to market would have helped, but they waited ... and waited ... and waited ... and didn't sue direct infringers ... and waited ... and finally tried to do too little too late.

Ah well...

Permalink to Comment

3. Seth Finkelstein on October 8, 2004 04:37 AM writes...

"Might I suggest that the copyright industries spend more time and money developing new business plans rather than
legislation-drafting lawyers?"

You're a traitor to your race :-)

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