You love that iPod you own. Its a very nice device; letting you listen to that music you love almost anywhere you go. And how about that TiVo? it lets you watch that TV show you just can’t seem to get home in time enough to watch. Well I have some bad news for you; these and many other technologies are in danger, and you need to help.
You see, the wonderful people (read : cockbites) in the RIAA and the MPAA are in a bit of a pickle. They have an outdated business model that isn’t making as much money as they want. They seem to think that profits increase regardless of the economy and lack of good product. Well then if they aren’t losing money because of those two, then what is it? Its those damn pirates! They are the cause of this!
Its well-known that the RIAA is targeting P2P users in an effort to eliminate the piracy that is plaguing their business. This has proven to be very slow and inefficient. Suing some 600 sharers a month, getting maybe $3,000 per kid or grandmother that they sue. They want to go for the big kill, the target that will stop it once and for all. That’s right: the makers of the P2P applications. Kill the app, no more file sharing.
They have been unable to sue the creators of various sharing applications because of a case back in the 1980’s commonly referred to as the Betamax Case. This case dealt with Betamax (rival to VHS tapes back in the day), and its ability to be used for illegal purposes, such as recording TV and Movies.
The ruling was that even though it could be used illegally, its is still legal to use because it has legal uses. Sony was not to be held accountable for what users did with their product. Universal was told that if they had a business model that failed when such a general-purpose product came out, well then it sucked to be them and they had to adapt.
Universal ended up embracing the technology and the home-movie revolution was a big hit. Most of the money a movie makes now it from home video sales.
So here is the issue at hand - right now the RIAA and the MPAA are trying to overthrow the Betamax decision because that will allow the RIAA to sue P2P creators and eliminate the source of the problem. The problem is that the INDUCE Act, as its being called, simply states that if a device can be used to break copyright laws, or aids in the breaking of them, the creator is held responsible.
(g)(1) In this subsection, the term `intentionally induces’ means intentionally aids, abets, induces, or procures, and intent may be shown by acts from which a reasonable person would find intent to induce infringement based upon all relevant information about such acts then reasonably available to the actor, including whether the activity relies on infringement for its commercial viability.
(2) Whoever intentionally induces any violation identified in subsection (a) shall be liable as an infringer.
(3) Nothing in this subsection shall enlarge or diminish the doctrines of vicarious and contributory liability for copyright infringement or require any court to unjustly withhold or impose any secondary liability for copyright infringement.
This means that the RIAA could sue Apple because I used iTunes to rip some songs off a CD I don’t own. The MPAA could sue TiVo’s creators because I saved a movie to the drive and I can now watch it whenever I want. There is no limit written in this act so the RIAA, MPAA, and other bodies have almost unlimited power to sue as long as they can prove the device aided in the breaking of copyright laws.
Yes, this is bad. What can you do? September 14th has been dubbed "National Save Betamax Day." What do you do on this day? First, go to the Save Betamax site right now and enter your email, name, and zip on the right sidebar. They will email you with numbers of congressmen and times to call them on the 14th. Their goal is to get an almost constant flow of calls to all these people that can effect the outcome of this.
Go do it, before your computer and my iPod is outlawed.
#1. Erik J said:
I'll keep it short because I'm not someone with an informed opinion. I think this has gone on for just about long enough... It's beginning to get out of hand. They can have my CD-burner when they pry it out of my cold dead fingers.
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