[Politech] PFF criticizes Induce Act debate as lacking substance [ip]

From: Declan McCullagh (declan@private)
Date: Wed Dec 22 2004 - 20:44:35 PST


-------- Original Message --------
Subject: 	Induce Debate Reveals Lack of Scholarship
Date: 	Tue, 21 Dec 2004 18:45:42 GMT
From: 	The Progress & Freedom Foundation <mail@private>
To: 	Declan McCullagh <declan@private>



<http://www.pff.org>

News Release
FOR IMMEDIATE RELEASE
December 21, 2004 	
CONTACT: Patrick Ross
202-289-8928

*Induce Debate Reveals Lack of Scholarship*
/Less Activism, More Economic and Legal Analysis Needed, Singleton Writes/

*WASHINGTON D.C. - *The introduction of the so-called Induce Act was the
biggest surprise of the year in intellectual property, argues Progress &
Freedom Foundation Senior Adjunct Fellow Solveig Singleton, but not for
the reasons many would suppose. In an article in the latest /Legal Times
<http://ga1.org/ct/_pS4tAE1mPa2/>/, she writes that the debate revealed
a surprising lack of economic and legal scholarship in the area, as well
as "legal academics' failure to recognize that protecting content online
is hard."

"No one wants to ban P2P technology," Singleton writes. The Induce Act
-- introduced by the top two senators on the Senate Judiciary Committee,
Republican Senator Orrin Hatch of Utah and Democratic Senator Patrick
Leahy of Vermont -- addressed the problem of peer-to-peer [P2P]
downloading of copyrighted material online. It contemplated liability
for inducing someone to infringe copyright.

"Many techies greeted the bill with alarm. Others watched in silence,
notable in itself," Singleton says. "Ultimately, the Induce Act was just
a weather balloon -- revealing of the IP climate, but not the alien
spaceship that blog readers might think."

"Markets normally adapt fine to new technology," says Singleton. "But
it's not clear how they can adjust when the devices -- statutory,
contractual, or technological -- that they traditionally rely on to
redraw boundaries don't work. It is one thing to call for new business
models, another thing to actually create one."

The Induce debate also revealed the desperate need for better
scholarship and less activism, Singleton argues. "For example, except
for one computer science professor, few commentators discussed
inducement liability in patent law and the implications for copyright.
It turns out that there is a rich legal history here to explore."

As the 108th Congress came to a close, the language of the Induce Act
remained too broad, says Singleton. However, "its method was not alien
to the law." The liability debate inherent in the Induce Act debate is
now before the U.S. Supreme Court, which has agreed to review the Ninth
Circuit Court's ruling in the /Grokster / case. The Progress & Freedom
Foundation's Center for the Study of Digital Property held a
Congressional Seminar <http://ga1.org/ct/A1S4tAE1mPaw/> on the subject
earlier this month. The Center's director, James DeLong, has written on
the complexities of the Induce Act debate on the Center's weblog
<http://ga1.org/ct/LpS4tAE1mPa_/> at IPcentral.info
<http://ga1.org/ct/A7S4tAE1mPax/>. Some entries can be found here
<http://ga1.org/ct/_1S4tAE1mPaA/>, here
<http://ga1.org/ct/_dS4tAE1mPaM/> and here
<http://ga1.org/ct/_7S4tAE1mPaN/>.

The Progress & Freedom Foundation is a market-oriented think tank that
studies the digital revolution and its implications for public policy.
It is a 501(c)(3) research & educational organization.

_______________________________________________
Politech mailing list
Archived at http://www.politechbot.com/
Moderated by Declan McCullagh (http://www.mccullagh.org/)



This archive was generated by hypermail 2.1.3 : Wed Dec 22 2004 - 21:29:51 PST