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Journal aborchers's Journal: Letter to Senators, re: IICA, aka INDUCE Act 3

I am writing today in regards to S. 2560, the Inducing Infringement of Copyrights Act (IICA) of 2004. This piece of legislation is one of the most dangerously misguided and malicious pieces of technology legislation to rear its ugly head in the last decade, and it is vital that it be stopped from becoming law. S. 2560 sets an indistinct standard for determining the role of technology in copyright infringement, and stands to (1) criminalize broad classes of technology having significant non-infringing purposes and to (2) stifle innovation by chilling investment and research in technologies that might be used by unscrupulous individuals for infringement.

As a technologist and copyright holder myself, I understand and share the concerns over infringement that our massively connected, high-speed culture present. In the near future, we will face many more fascinating challenges in dealing with the security and distribution of digital content. It is unacceptable, however, that in moving too hastily we sacrifice nascent and as yet unconceived technologies to protect the business models of the content industry. S. 2560's assignment of vicarious liability to hardware and software creators who develop new technologies is a long step in the wrong direction.

Mitch Bainwol, writing for the Recording Industry Association of America (RIAA), recently sent to your office an emotional appeal filled with vague appeals to "common sense" and unfounded assertions about the effects of Peer-to-Peer (P2P) technologies on RIAA-affiliate sales. Bainwol's analogy that sharing/downloading their music through unauthorized channels is equivalent to pocketing a CD and leaving a store without paying is apt, and perhaps reveals more than he intended: We do not arrest or sue the clothier who made the jacket with pockets, we deal with the criminal who put the merchandise in them.

I urge you to dismiss Bainwol's arguments as the hype that they are (if there's one thing his industry does well it is hype) and to stand up to your Senatorial peers who have signed on to this horrid piece of corporate-sponsored legislation. Please oppose S. 2560.

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Letter to Senators, re: IICA, aka INDUCE Act

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