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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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« Sen. Hatch Pushing INDUCE Act (IICA) Forward Despite No Consensus? Plus, CDT Speaks Out | Main | Final INDUCE Act (IICA) Draft From Copyright Interests - INDUCE Dead for Now »

October 07, 2004

No INDUCE Act (IICA) Markup Tomorrow?

Posted by Ernest Miller

Good news.

A source familiar with the ongoing Inducing Infringement of Copyrights Act (IICA aka INDUCE Act) drafting process informs me that the Judiciary Committee will not markup the INDUCE Act tomorrow, ostensibly in order to deal with homeland security issues.

Of course, if true, this is only a postponement. Expect the INDUCE Act to rear its ugly head once again, either during the lame duck session or next term.

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


1. mickey on October 7, 2004 09:26 PM writes...


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Senate Talks Fail on File - Sharing Software

Published: October 7, 2004
Filed at 3:57 p.m. ET

WASHINGTON (AP) -- Entertainment groups and consumer organizations were unable Thursday to reach a compromise over a Senate proposal aimed at manufacturers of file-sharing software commonly used to steal electronic copies of music, movies and computer programs.

The Induce Act, strongly supported by Senate Judiciary Committee Chairman Orrin Hatch, R-Utah, would make manufacturers of such software liable for inducing people to commit copyright infringement. Consumer groups and some computer companies have complained that the bill's language is too broad and could apply liability to legitimate technology.
Sensing an impasse after weeks of acrimonious debate, Hatch invited lawyers and lobbyists representing the sides to propose their own compromise in the waning days of this congressional session. But the sides agreed overnight that a compromise was increasingly unlikely given the tight deadline, according to participants in the talks who spoke on condition of anonymity.

Hatch canceled plans Thursday to present the bill to the Judiciary Committee, and participants in the talks said there would likely be no movement on the proposal in the immediate future. Hatch has previously said he intended to pursue the legislation next session if a bill wasn't approved. Sen. Arlen Specter, R-Pa., is expected to take over as Judiciary chairman early next year.

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