Antipiracy bill gains new ally

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Interesting language

From the draft bill:

In this subsection, the term `intentionally induces' means intentionally aids, abets, induces, or procures, and intent may be shown by acts from which a reasonable person would find intent to induce infringement based upon all relevant information about such acts then reasonably available to the actor, including whether the activity relies on infringement for its commercial viability.

First thing I notice, quote:
... 'intentionally induces' means intentionally ... induces ...

Definitely a draft.

So, Courts will be deciding on the reason a company is commercially viable. I could almost hope that free, ad-free software would escape. But probably not.

Courts will be using a "reasonable person" standard to infer what is in the mind of, say, the creators of P2P software when they want to know intent. Who is a more reasonable person that the Judge him/herself?
Can Judges be relied upon to guess that copyright infringing was in someone else's mind? You betcha. And that's all it takes to put someone in violation of the law.

Posted by: Anton Philidor   Posted on: 07/22/04 You are currently: a Guest | Members login | Terms of Use

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