Your Fair Use rights are in danger (again)

In case you haven’t yet, you really need to read about The INDUCE Act. The potential is for any device that could be used to illegally copy copyrighted material to become illegal, and the manufacturers of said devices liable for their use.

This is wrong for so many reasons. Take the example of the crowbar.I can use a crowbar to break into my neighbor’s house. By this logic, a crowbar should be illegal. Never mind that a crowbar is a useful tool. I own two of them. I bought them so I could pry out the rocks that make up my patio so I can put down a weed control mat under them. I hope I’ll never have to use one to free someone from a car whose doors and windows won’t open, but I can. If I use a crowbar to free my neighbor from a car wreck, I’m pretty sure he’ll be glad I had that tool. Even if I could have used it to break into his house.

The main target is P2P networks. But the bill is too broad. Under some interpretations, an iPod would be illegal because you might load CDs that you borrowed from me into it. I suppose a camcorder would be illegal too, because someone might take it into a movie theater. Never mind that 99.999% of camcorder owners use them to shoot home movies. The risk of someone using a camcorder to make an illegal copy of a movie is too great to allow you to preserve family memories.

Is this really the direction we want to head? Do we want to be a dictatorship run by big media conglomerates?

Mr. Hatch, I suppose you believe that when someone uses a firearm to kill someone, the manufacturer of said device should be held liable? I suppose you believe that the risk of consumers using firearms to kill one another is great enough that firearms should be illegal? Am I following your logic correctly?

Don’t get me wrong. I’m not a pinko Commie who doesn’t want to pay for anything. I’m actually a Republican. But real Republicans believe in balance. I respect intellectual property. I’ve written and published a book. A few people even liked it. I really didn’t make enough money off it to make it worth my while–I could have made more working the late shift at a fast-food restaurant. The biggest things I have to show for it are a published book on my shelf with my name on it, and the thrill of having walked in to Borders and seeing it.

So I didn’t make as much money as I would have liked. That’s my problem. I don’t blame photocopiers and scanners for my book not selling 4 million copies. I can blame my publisher for not promoting it and not getting more copies of it into the niche marketplaces where it sold well, and I can blame myself for not promoting it and not sending out news releases saying I got published, and I can even blame myself for not targetting it properly.

If I write a book that people want to read, and my publisher and I do a good job of getting the word out about it, I’ll make money. If I can make more money fixing computers or mowing lawns than writing books, then the answer isn’t to try to manipulate the legal system. The answer is to either figure out how to make money producing intellectual property, or spend that time doing something else.

If my desire to protect my rights starts infringing on your ability to do things you need to do, then it’s gone too far. As my former journalism professor Don Ranly was fond of saying, my constitutional rights end at the tip of your nose.

Why do Orrin Hatch and his buddies cooperate in the creation of what’s essentially a welfare state for large corporations, at the expense of our liberties?

Would you please ask your Congresspeople these questions?

One thought on “Your Fair Use rights are in danger (again)

  • July 26, 2004 at 4:02 pm
    Permalink

    Hmmm, if this law passes, then that new MythTV Linux box I’m building right now will be illegal. Oh, and so will my TiVo and DirecTiVo boxes. What a concept. Yup, we’ll all have to give up all of our video-capable computers. And don’t forget all the big corporations, too. Think they’ve considered the equipment replacement budget, yet?

    Hopefully, this stupid thing will die as quickly as many other lame-brained bills. Of course, it will only die if we yell to our senators and representatives about it.

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