specifically not a blog about tech and ip law
June 18, 2004

Shift is Key

I was discussing the Beastie Boys and Velvet Revolver copy protection issues with my friend over lunch today at some new burger joint on John St and he said "You just hold down shift when you insert the CD into your computer and it turns the autodeploy off."

Has anyone tried this? If it does work, would my above statement violate the INDUCE Act. My thoughts are probably.

update: Shift & DMCA: Tony Pierce pointed me to an earlier 2003 discussion on me-fi of whether use of the shift key could be problematic under the DMCA. Suncomm first sued a student (Alex Halderman) who published a paper on this matter and then later retracted its suit. Apparently, this is good news for Velvet Revolver fans.

Induce Act

Fred von Lohmann: "Rumor has it that Sen. Orrin Hatch (R-UT) will be introducing a bill tomorrow that would add a new Section 501(g) to the Copyright Act granting copyright owners a cause of action against those who "induce" copyright infringement...."

Susan Crawford: "The INDUCE Act of 2004 [pdf]. The logic is that P2P applications inevitably lead to exploitation of children. With me so far? So the act is called the "Inducement Devolves into Unlawful Child Exploitation Act." The Act (to be proposed tomorrow by songwriter Sen. Hatch and others) amends the copyright law to say that anyone who "induces" copyright infringement is himself/itself an infringer."

update: Professor Crawford says that "counsels" has been dropped from the text of the bill.

And more from Furdlog and Infothought.

In the c-net article (Antipiracy bill targets technology) Jessica Litman, a professor at Wayne State University who specializes in copyright law, says that 'that under the Induce Act, products like ReplayTV, peer-to-peer networks and even the humble VCR could be outlawed because they can potentially be used to infringe copyrights.'

Here's a partial list of some other products that can be used to violate copyrights and exploit children:

  • Silly Putty
  • Windows
  • Printing Press
  • Xerox Machines
  • Scanners
  • Fax Machines
  • Computers
  • Cameras

    update: Techdirt points out that the bill is now called The Inducing Infringement of Copyrights Act (IICA)

  • June 17, 2004

    coolest blogging advice.

    ever. seriously. even if he's just fucking with us. it's still the best advice. and it shouldn't come as a surprise at all or to anyone that it's by tony pierce.

    June 15, 2004

    Duplicating Paris

    Choire Sicha's recent Paris piece in the NY Times (They'll Always Have Paris) ends up in the Chi Trib. Is it syndication or infringement?

    In case you didn't know Choire is the editor of Gawker and seems to me a very legal minded individual. In a recent Paris piece on Gawker (Paris Hilton: The Spawning), Choire relays to us that "Hilton Furniture owner Jack Hilton, quite a celebrity with his energetic cheap local-only Houston commercials, introduced his baby daughter on a commercial today" and hopes that Paris bothered to trademark and copyright her own name.

    June 14, 2004

    Another Cardozo Blog

    Chris Rush Cohen has alerted me to Sanford Hausler's Second Opinion. Sandy's blog is about the Second Circuit Court of Appeals and its opinions and says that even if the the Court knew about it, he doesn't think it would mind. Let's hope not.

    Chris also has a Scoop on Battery Park Counterfeiter Bust and some pics that the cops weren't too thrilled about.

    Update: David from informs me that he is also Cardozo alum (96) and guesses that "its natural for Cardozo peeps to take the lead in emerging areas of law and technology, given the school's youthful age and physical location." I totally agree David.

    :: (c) 2003-2004 Kevin J. Heller some rights reserved ::

    The views expressed herein are solely the author's and should not be attributed to his employer or their clients. This site is not maintained utilizing the author's employer's resources or on company time. Any postings on legal issues on the Tech Law Advisor blawg are provided as a service to the web community, and do not constitute solicitation or provision of legal advice. I try to provide quality information, but I make no claims, promises or guarantees about the accuracy, completeness, or adequacy of the information contained in or linked to from Tech Law Advisor. Legal advice must be tailored to the specific circumstances of each case, and laws are constantly changing, so nothing in Tech Law Advisor should be used as a substitute for the advice of competent counsel. I am admitted to practice law in New York and New Jersey and do not intend to represent anyone desiring representation in a state where this site may fail to comply with any and all applicable laws and ethical rules. [*disclaimer via Denise Howell]

    This web site is presented for informational purposes only. These materials do not constitute legal advice and do not create an attorney-client relationship between you and Kevin J. Heller, Esq. Please note that you are not considered a client until you have signed a retainer agreement and your case has been accepted by us. Please click here to view the terms and conditions upon which the materials contained on this web site are made available.

    The author does not endorse or recommend any of the products or services for which advertisements may be displayed on this site by Blogads, Blogger, or Google.

    Privacy Policy
    Personally identifiable information about visitors to this site is collected only when knowingly and voluntarily submitted. However, this information will never be shared with third parties.