Boucher on IICA

Guest-blogging at Prof. Lessig's, Rep. Rick Boucher (D-VA) seeks feedback about the IICA-- on what effect the bill would have and how to act if a similar bill is introduced into the House: Induce No More:

The Senate has under consideration a bill ( S. 2560 ,, often referred to as the Induce Act) that makes it unlawful for anyone to “intentionally induce” the infringement of a copyrighted work. By creating a new cause of action based on a subjective test, the legislation would overturn, or at least make irrelevant, the Supreme Court’s objective test in the Betamax case (“capable of substantial noninfringing use”). The effect on device manufacturers, including computer manufacturers, would appear to be self-evident: They could not bring new multi-purpose devices (including software) to market without facing the threat of crippling litigation. They would either have to withhold from the market useful new technology or agree in advance to restrictions on the functionality of the equipment, perhaps even agreeing to specific technical mandates sought by content owners.