Senator Orrin Hatch, from Utah has introduced a bill that could criminalize creating software that he doesn't agree with. Just in case you didn't know, he writes songs and is afraid that he might loose some royalties to Peer-to-Peer file trading. As a result he wants to make the creation of P2P software illegal.
You may have heard of the Sony-Betamax decision as a result of Universal Studios vs. Sony over the VCR. The thought was it would ruin the studios because everyone would just copy shows and the revenue stream would dry up. The ruling was that the VCR had a legitimate use, so it was legal, and Sony was not liable for possible infringing uses. I guess Sony is lucky that Hatch didn’t have a TV show.
The bill is introduced under the guise that there are these mean nasty companies out there that are tricking our young kids into illegally trading copyrighted music and these companies then make money off their crime. So this bill is to protect these kids and to make a company liable for "inducing infringement".
While that all sounds good in principle the fact is that if you or I as a software developer create a program that someone decides encourages them to violate someone’s copyright then we are liable for their crime. As much as Hatch tries to side step around things this is the net result of what this law proposes.
Not to mention the fact that this bill also contributes to the sociopathic thinking disorder that is infecting the nation where people don’t feel like they are responsible for their actions. "But mommy, it isn’t my fault, the software made me do it!" I seriously have a hard time believing that anyone out there is not aware that they can be sued by the RIAA for sharing music on the Internet. <Sarcasm> But just in case someone does, let’s pass a bill so they can claim they are not responsible for their actions. </Sarcasm>
Personally I think the RIAA is racketeering and blackmailing people with their law-suits against individuals. The DMCA and laws like it have been created to take basic rights that individuals have enjoyed (fair use) away from them and make it so the RIAA can extort money from the biggest fans of the artists.
But that is just my opinion, and at least for now I am entitled to have that opinion and share it. If senators like Hatch keep it up then soon I may not even be able to enjoy that right.
It is getting more and more dangerous to write software. Not only do you have to worry that you might infringe on some patent that may or may not have even been filed yet, soon you will have to worry what your end users will do with your program. Now I advocate responsibility for ones actions and this bill may not be the Armageddon, but it certainly is a step in the wrong direction.
I am a strong supporter of copyrights and other intellectual properties. I have had works published (in print and electronically) and am named inventor on a number of patents. I also believe that we shouldn’t create laws to criminalize certain technologies simply because they may be used in ways we don’t like.
1 comment:
Don't get me wrong. I think people should buy their music, movies and other intellectual property.
Copyright law specifically allows for fair use, which means I can lend you a copy of a tape I own, and you can create a copy for personal use. For a great explanation of copyright check out Orson Scott Card's essay on Ornery American. Not that he is necessarily the authority, but he offers some very valid points.
They are trying to take fair use out of P2P networks. Instead of letting fair use benefit everyone they instead try to make everyone a criminal. If people shared as much as they borrowed, all within reasonable limits, then fair use would allow it. But instead of encourage this kind of use they instead passed laws like DMCA that make everyone a criminal instead.
Confucius claimed that the more laws a nation has, the less law-abiding its people will be. If a nation of lawbreakers is the goal then the legislature is on the right track.
Post a Comment