[Fwd: [ALA-WO:36] Urgent Action Needed: Stop INDUCE Mark-Up]

["Olga Francois" <ofrancois@xxxxxxxx>]

From: ALAWON (ISSN 1069-7799) is a free, irregular publication of the
American Library Association Washington Office. All materials subject to
copyright by the American Library Association may be reprinted or
redistributed for noncommercial purposes with appropriate credits.
---

Stop INDUCE--Mark-up Sept. 30th
Calls/Emails Urgently Needed NOW to Members of the Senate Judiciary
Committee 

BACKGROUND:
Library groups have opposed S. 2560, the "Inducing Infringement of
Copyrights Act" (INDUCE Act) since it was introduced by Senate Judiciary
Chairman Orrin Hatch  and Ranking Member Patrick Leahy in June. The bill
is strongly supported by Hollywood and the recording industry because of
their concerns about peer-to-peer (P2P) file-sharing networks which they
say are used mainly by consumers to illegally share copyrighted
materials. 

If enacted, S. 2560 would make companies and other Internet service
providers (ISPs) liable if their software or technology "induces" users
to violate copyright laws. ALA is a member of a large, diverse coalition
that opposes this bill because we believe strongly that the solution is
not to ban technology simply because it can be used to "induce"
consumers to make illegal copies.  S. 2560 outlaws technology, not bad
conduct, and P2P technology is in fact used for many important legal
purposes. The bill is so broadly drafted that it has many unintended
consequences far beyond targeting those who infringe copyright. 

ACTION NEEDED:
S. 2560 has undergone many revisions, and a substitute bill will be
marked-up this Thursday, Sept. 30th. Please contact your Senator
immediately, by phone or email, if he's listed below as a member of the
Judiciary Committee. 

Express your grave concerns about:

1.  THE PROCESS.  There have been no hearings on what is now the fourth
version of the INDUCE Act. Rushing a bill that implies a fundamental
realignment of our intellectual property system through mark-up and to
the Senate floor with no hearings is wrong. 

2. THE SUBSTANCE.  If enacted, this bill could constitute the greatest
threat to date to the innovation processes that the copyright and patent
laws were intended to promote. 
            
The proposed legislation defines "induces" as simply manufacturing a
product or offering a service; therefore it wrongly targets commerce
rather than conduct. 

The narrow exceptions it provides to this extremely broad definition of
inducement are full of loopholes; therefore it will not provide
meaningful protection to legitimate businesses and services.  

        
MEMBERS OF THE SENATE JUDICIARY COMMITTEE
       
Orrin G. Hatch, Chairman (R-UT)
Charles E. Grassley (R-IA)
Arlen Specter (R-PA)
Jon Kyl (R-AZ)
Mike DeWine (R-OH)
Jeff Sessions (R-AL)
Lindsey Graham (R-SC)
Larry Craig (R-ID) 
Saxby Chambliss (R-GA)
John Cornyn (R-TX)

Patrick J. Leahy, Ranking Democratic Member (D-VT)
Edward M. Kennedy (D-MA)
Joseph R. Biden, Jr. (D-DE) 
Herbert Kohl (D-WI) 
Dianne Feinstein (D-CA)
Russell D. Feingold (D-WI)
Charles E. Schumer (D-NY)
Richard J. Durbin (D-IL)
John Edwards (D-NC

If your Senator is listed as a member of the Judiciary Committee,
you'll find a link to his email
address at: 
http://www.senate.gov/general/contact_information/senators_cfm.cfm 

If you prefer to call your Senator's office, the U.S. Capitol
Switchboard is: 202-224-3121

******
ALAWON (ISSN 1069-7799) is a free, irregular publication of the
American Library Association Washington Office. All materials subject to
copyright by the American Library Association may be reprinted or
redistributed for noncommercial purposes with appropriate credits.