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COMMUNET Home

COMMUNET Home

COMMUNET  June 2004, Week 3

COMMUNET June 2004, Week 3

Subject:

ohmy, this is a frightening Senate Bill (CITS Media Watch Alert)

From:

"W. Curtiss Priest" <[log in to unmask]>

Reply-To:

Community and Civic Network discussion list <[log in to unmask]>

Date:

Sat, 19 Jun 2004 12:09:57 -0400

Content-Type:

text/plain

Parts/Attachments:

Parts/Attachments

text/plain (107 lines)

Dear Media-interested folk,

As I am author of 2 P2P (peer-to-peer) softwares.

I find any bill that holds me responsible for
copyrighted content to be insane (see Benton account
below).

The softwares:

        o  ClearView (aka BusinessAlly)

                For details, see:

                http://www.delphion.com/details?pn=US05167011__

                This software is a form of groupware, or
                knowledge sharing.

                As the sharing is amongst a community, not
                interested in "ripping off" copyrighted
                materials, the software provides the next
                generation of knowledge sharing, within a
                topical structure, well beyond, say, Lotus
                Notes.  Parts of this are embodied in
                Microsoft's Outlook and a use of "categories."

        o  Mentor-Matcher

                This software is described here:

        http://elearningspace.org/html/downloads.htm#slide

                and rough slides of the results are here:

        http://elearningspace.org/html/downloads.htm#slide

                This web-based software permits Mentors
                to teach K-12 students (in particular).

                Such software could be used to convey
                copyrighted materials.

Regarding Copyright:

        1.  ClearView is an extension of the Fair Use
                provision in the 1976 Copyright Act

                It's intention is NOT to circumvent
                copyrights.

                Rather, the software is to encourage
                the innovative process -- something that
                this country depends on.

        2.  Mentor-Matcher

                Is also not intended to circumvent
                copyrights.  Not only is person to person
                knowledge sharing a plus to the learner,
                any copyrighted materials conveyed would
                clearly be covered under the well-understood
                Fair Use provision called "teachable moment."

Thus, trying to solve the sharing of copyrighted materials
by placing the onus on the makers of P2P software is
simply insane.  It will stifle innovation and it will
stifle teaching our K-12 students via newer technologies.

Benton summary:

SENATE BILL WOULD CRIMINALIZE P2P NETWORKS
Sen. Orrin Hatch (R-Utah) is expected to introduce a bill next week
that would criminalize the creation of products or services that
facilitate violations of copyright law. The Induce Act would make P2P
networks illegal and would punish purveyors of such technologies with
civil and criminal penalties. The bill represents the latest in a long
series of steps aimed at limiting or ending digital piracy. Critics of
the bill, including Jessica Litman, a copyright specialist at Wayne
State University, said it is overly broad and would not only stifle
technological innovation but also criminalize a wide range of products
including ReplayTV and VCRs. In a landmark 1984 case, the Supreme Court
ruled that video-recording devices--specifically Sony's Betamax
recorder--are legal because they offer "substantial noninfringing
uses," despite the possibility that they could also be used to violate
copyright. Opponents of the Induce Act said it would effectively
overturn that ruling.
CNET, 17 June 2004
http://news.com.com/2100-1028_3-5238140.html


Sincerely,

W. Curtiss Priest, Ph.D.
Inventor and Software Designer

cc:  Senator Orinn Hatch
     Rep. Edward Markey
--


           W. Curtiss Priest, Director, CITS
   Research Affiliate, Comparative Media Studies, MIT
      Center for Information, Technology & Society
         466 Pleasant St., Melrose, MA  02176
   781-662-4044  [log in to unmask] http://Cybertrails.org

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