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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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The Importance of...


August 13, 2004
INDUCE Act (IICA) Roundup - Friday the 13thEmail This EntryPrint This Entry
Posted by Ernest Miller

Been a little busy, so I apologize for the dearth of Inducing Infringement of Copyrights Act (IICA, née INDUCE Act) coverage.

Perhaps the most interesting conversation takes place on Larry Lessig's blog with copyfighter Rep. Rick Boucher (D-VA) (Induce No More). As of this posting there were 107 comments, many of which are quite interesting. Definitely a must-read on the INDUCE Act.

Speaking of interesting comments on Boucher's posting, JD Lasica has a new blog (Darknet) in support of his forthcoming (May 2005) book Darknet: Remixing the Future of Movies, Music and Television. One of the first posts pulls out a good quote from Boucher in the comments section of Boucher's post on Lessig's blog (Boucher: Induce Act faces 'knockout punch'). Take a look at JD's new blog, read the comment (which includes a shout out for Lasica), and add Darknet to your newsreader.

Over on Copyfight, Donna Wentworth points out what Disney wants the FCC to regulate with regard to the proposed broadcast flag for digital radio, basically, everything (Disney's Not-So-Hidden Agenda). And we're supposed to believe that copyright holders aren't going to abuse the INDUCE Act?

The LibraryLaw Blog has a great post by Newton Minow about the consequences of the INDUCE Act for libraries (Inducing Unintended Consequences for Libraries):

INDUCE could shift the library away from its traditional role as information provider who leaves responsibility for copyright compliance to the library patron. Instead, to cover itself from liability, it may need to audit library patron uses to make sure the library does not intentionally aid, abet, induce, or procure an infringing copy.

Such inquiries would be antithetical to the judicially-recognized role of libraries in Minarcini v. Strongville City School District as "a mighty resource in the free market place of ideas." [italics in original]

[via INDUCE Act Blawg]

A while ago, I posted a pointer to a copyright story by Andrew "Werdna" Greenberg (A Copyright Fable Relevant to the INDUCE Act (IICA) and Other News). There is new version of the story, more directly related to the DMCA, but one can imagine its application to the INDUCE Act (The Luddite's Lawyer and the Circumvention of Progress).

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.


Category: INDUCE Act


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TrackBack URL: http://www.corante.com/cgi-bin/mt/mt-pcorso.cgi/4113
Once Upon a Time Martha Graham Had an Employment Agreement from The Importance of... What is it with copyright lawyers and fairy tales? First, we have Andrew "Werdna" Greenberg, Vice-Chairman of the Intellectual Property Committee for the IEEE, writing fables about abusive copyright laws (A Copyright Fable Relevant to the INDUCE Act (I... [Read More]

Tracked on August 30, 2004 06:34 PM




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