Importance

July 15, 2004

On the Burden of Persuasion for the INDUCE Act (IICA)

Press coverage of the Inducing Infringment of Copyrights Act (IICA, née INDUCE Act) continues to be light. However, the San Jose Mercury News (annoying reg. req.) published an editorial that is sharply critical of the legislation (Piracy bill threatens Valley firms):

The Betamax decision has made possible an explosion of inventions, from MP3 players to CD burners. By undermining the Betamax decision, the Hatch bill could threaten current and future technologies. That's too much collateral damage in pursuit of Kazaa.
That's a very important point actually. The supporters of the INDUCE Act are going to strive to make passing the bill the default. They are going to make claims that "something has to be done" and if the opposition doesn't want this bill, then the burden is on them to provide an alternative. We cannot let that happen.

The legislation the copyright industry proposes is rash, precipitous and reckless. It risks great collateral damage for illusory benefits. We should not allow ourselves to be goaded into actions we will only regret later by the mere desire "to do something." Often, the best thing that one can do is to do nothing. The burden must be on the supporters of the INDUCE Act to propose a bill whose harmful effects do not outweigh the benefits.

Posted by Ernest at 8:03 AM
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