September 28, 2004
Stop INDUCE--Mark-up Sept. 30th
Calls/Emails Urgently Needed NOW to Members of
the Senate Judiciary Committee
AALL has opposed S. 2560, the "Inducing Infringement of Copyrights Act" (INDUCE Act) since it was introduced by Senate Judiciary Chairman Orrin Hatch and Ranking Member Patrick Leahy in June. The bill is strongly supported by Hollywood and the recording industry because of their concerns about peer-to-peer (P2P) file-sharing networks which they say are used mainly by consumers to illegally share copyrighted materials.
If enacted, S. 2560 would make companies and other Internet service providers (ISPs) liable if their software or technology "induces" users to violate copyright laws. AALL is a member of a large, diverse coalition that opposes this bill because we believe strongly that the solution is not to ban technology simply because it can be used to "induce" consumers to make illegal copies. S. 2560 outlaws technology, not bad conduct, and P2P technology is in fact used for many important legal purposes. The bill is so broadly drafted that it has many unintended consequences far beyond targeting those who infringe copyright.
S. 2560 has undergone many revisions, and a substitute bill will be marked-up this Thursday, Sept. 30th. Please contact your Senator immediately, by phone or email, if he's listed below as a member of the Judiciary Committee.
Express your grave concerns about:
- THE PROCESS. There have been no hearings on what is now the fourth version of the INDUCE Act. Rushing a bill that implies a fundamental realignment of our intellectual property system through mark-up and to the Senate floor with no hearings is wrong.
- THE SUBSTANCE. If enacted, this bill could constitute the greatest threat to date to the innovation processes that the copyright and patent laws were intended to promote.
- The proposed legislation defines "induces" as simply manufacturing a product or offering a service; therefore it wrongly targets commerce rather than conduct.
- The narrow exceptions it provides to this extremely broad definition of inducement are full of loopholes; therefore it will not provide meaningful protection to legitimate businesses and services.
MEMBERS OF THE SENATE JUDICIARY COMMITTEE
Orrin G. Hatch, Chairman (R-UT)
Charles E. Grassley (R-IA)
Arlen Specter (R-PA)
Jon Kyl (R-AZ)
Mike DeWine (R-OH)
Jeff Sessions (R-AL)
Lindsey Graham (R-SC)
Larry Craig (R-ID)
Saxby Chambliss (R-GA)
John Cornyn (R-TX)
Patrick J. Leahy, Ranking Democratic Member (D-VT)
Edward M. Kennedy (D-MA)
Joseph R. Biden, Jr. (D-DE)
Herbert Kohl (D-WI)
Dianne Feinstein (D-CA)
Russell D. Feingold (D-WI)
Charles E. Schumer (D-NY)
Richard J. Durbin (D-IL)
John Edwards (D-NC)
If your Senator is listed as a member of the Judiciary Committee, you'll find a link to his email
address at: http://www.senate.gov/general/contact_information/senators_cfm.cfm
If you prefer to call your Senator's office, the U.S. Capitol Switchboard is: 202-224-3121
Thank you very much!
Mary Alice Baish