Oh man, this is getting good… You may recall the prior discussion on the INDUCE act, which targets anyone who might profit by “inducing” (get it? R-D-R-R =P) others (children, specifically) to take part in copyright violation. Basically, it’s an attempt by the Senate (or rather the RIAA lobbyists who are so deep in their pockets that they’ve crawled up their assholes and come out their mouths in the form of legislation) to establish a framework whereby peer-to-peer networks can be held liable for the actions of their members.
The argument goes something like this: Everyone wants something for free, and the only thing preventing widespread petty theft (and rape, murder, etc. for that matter) is the ever-present threat of punishment. Hooray for the Police! Anyway, the rise of P2P nets has everyone in the plastic-disc industry running around like Chicken Little, because now our nation’s latent thievery can no longer be policed by burly security guards asking “suspicious looking” kids to turn out their pockets as they exit Sam Goody or Best Buy. And not only are these misfits going un-harassed over their alleged larceny, but there are actually virtual ne’er-do-wells out there actively encouraging them to indulge their criminal desires!
So yeah… You can see how someone who makes their millions by ripping off musicians and other creative types would get bent out of shape by all this. And boy are they flaming mad. They’ve tried suing people individually, but this turned out to be some bad PR, what with the acussing elderly women of pirating hundreds of hip-hop songs and whatnot. They’ve even taken out whole P2P companies (or convinced them to toe the party line), but the file-sharing JUST… WON’T… STOP!!! (Of course, neither will the CD and DVD sales, but they’d prefer if you don’t pay attention to that).
At any rate, rather than admit they’re licked and find a way to make filesharing an integral part of their business plan (as with Record Albums, Casette Tapes, VCRs, Compact Discs and etc.) the entertainment industry has decided to continue pursuing the path of litigation (as with Record Albums, Casette Tapes, VCRs, Compact Discs and etc.) And they will not rest until the very concept of P2P networks has been criminalized!
Small problem however… We went through all this bullshit 20 years ago when Universal Studios sued Sony over it’s BETAMAX VCR. The VCR allowed consumers to (get this!) record and transport broadcast television! Or even make copies of mass-produced videotapes! (And as we all know, this is what led to the downfall of the studio system and the rise of independant films as America’s lone source of motion-picture entertainment, but I digress…) So anyway, the case eventually got to the Supreme Court, which ruled against Universal, basically stating that, “American consumers were not violating copyright laws when they time-shifted television with their VCRs. [And] that Sony was not violating copyright laws by selling VCRs, even though some people might use them to infringe copyrights.”
And this seemed like a pretty reasonable decision. After all, we can still buy guns in America, despite their obvious potential for abuse. “Snack-size” Ziploc baggies are still legal, even though, historically speaking, they’ve transported way more marijuana than they have snacks. Generally speaking, you’re allowed to buy and sell just about anything you like in the USA, provided you pay the appropriate taxes and promise not to actually do anything illegal with it (Is this doctrine perhaps where the Texan policy of allowing homosexuality, but forbidding homosexual acts came from?) Sure a savvy police officer (and how many of those have you come across, really?) might follow you home from the Home Depot if he notices that you’ve purchased several feet of PVC pipe and some grow-lights, while wearing a Phish T-shirt, but until you’ve actually made a bong and/or cultivated some weed, you’re allowed to get on with your god-damned plumbing and gardening!
Okay, so we’re about to get to the point of this, hopefully the historical background hasn’t been too mind-numbing (should there have been more pot references, maybe? =). Anyway, here we go… So the INDUCE act (or IICA as it’s been re-titled, as to appear less sinister) is currently being debated by Congress (Or rather, a congressional sub-committee that will decide whether or not the act is slimy and vague enough to satisfy the Hollywood lobbyists, but reasonable enough to sneak by the Supreme Court, should it’s constitutionality be challenged [which it almost certainly would, based on the precedents established in “The BETAMAX Decision”]). The act is getting some support from key members of Congress, and at a hearing recently, the US Register of Copyrights, Marybeth Peters, came right out and said what’s been on everyone’s mind from day one, namely that the goal of this act is to straight-up re-write the rules established by BETAMAX! All previous joking on the parts of myself and The EFF aside, these fucks really do want to enact legislation that will make it possible to outlaw the iPod! (And any other devices that fail to comply with government-decreed anti-piracy measures, i.e. TiVos, Video Capture Cards, Pocket Voice Recorders, the list goes on…) Anyway, unless anyone has a couple million in soft money lying around, we’re going to have to take this on the old fashioned way… Writing a letter to our elected representatives! But don’t worry about buying stamps, there are several sites out there that will gladly help you get in touch with your DC-buddies via fax, phone and/or email. As follows:
So that’s it basically. Just another long-winded rant about the C.R.E.A.M. Thanks for your patience. Please drive through…
I suppose I should explain the subject line of this post before I leave… If you check out this guy’s site you’ll see a hypothetical sampling of items that could be found in violation of the INDUCE act, thanks to it’s remarkably vague and weasel-y wording. Among them? Some children’s toys and software products, since they could be used to make illegal representations of copyright works! You drew a pretty picture of a soda bottle in Kindergarten? Back the fuck up, Junior! That shit belongs to PepsiCo now!! =)