The original version of the Induce Act said that anyone who induces any violation of copyright law could be legally responsible. A version circulated by the office of Sen. Orrin Hatch clarifies that a company must engage in "conscious and deliberate affirmative acts" of inducement to be found liable. Technology companies however remain skeptical. "The problem is that it doesn't look like they're willing to preserve the Sony Betamax standard for the cause of action of inducement," said Markham Erickson, associate general counsel for NetCoalition.
A Supreme Court decision in 1984 known as the Betamax ruling said VCRs were legal to sell because they were "capable of substantial noninfringing uses." Technology companies are worried that the targeting of P2P networks could mean that the Induce Act could remove the legal protections that shield other hardware and software makers from legal liability.
Source:
News.com
Written by: James Delahunty @ 26 Sep 2004 19:02