Category: Open Source

I was dismayed to learn that Senator Hillary Clinton has come out and in fact co-sponsored Senator Hatch’s Induce Act. What follows is a draft of a letter that I am writing to Sen. Clinton to express my concern. I hope that others will do the same.

Here is some background material:
http://thomas.loc.gov/cgi-bin/query/z?c108:S.2560:
http://www.wired.com/news/politics/0,1283,64315,00.html
http://techlawadvisor.com/induce/
http://www.corante.com/importance/archives/004563.html
http://arstechnica.com/news.ars/post/20040618-3906.html
http://www.futureofmusic.org/articles/INDUCEanalysis.cfm
http://action.eff.org/site/pp.asp?c=esJNJ5OWF&b=164928

Like your iPod, read this:
http://www.eff.org/IP/Apple_Complaint.php

Please comment on the letter as you see fit.

Dear Senator Clinton,

I was dismayed to learn that you have come out in support of Senator Hatch’s Induce Act. I hope that on further consideration of the issues that this bill covers that you change your stance to better reflect the opinions of your constituents and for the betterment of our society.

The Induce act as it currently is written does much to stifle free-speech, artistic and fair uses of media. Imposing legal responsibility on the makers of devices and software for illegal use such device or software will create a burden so great on manufacturers and creators of such programs that they will not develop or offer products that have potential for misuse.

I fear that by trying to curb the theft of copyrighted material you will instead be curbing the ability for individuals and groups with legitimate uses for the technology that enables such to use it. Being thoroughly immersed in an academic and artistic atmosphere, I am witness every day to fair uses of technology that would not exist today were such a law in existence. In fact I feel that the software that I am using to write this letter would not have been developed simply because it includes the ability to cut and paste text from any source into the document.

I believe that should this Bill become law that it will undo much of the progress of free-speech and alternative media creation that has been enabled by the internet, personal electronic devices, computers, tape recorders and so on. Furthermore it will be a giant step backwards and lead to increased power by the media and further relegate citizens to the role of consumer without a voice.

I hope that you will reconsider your position on this matter.

Thank you for your time.

Sincerely,
Shawn Van Every