[Coco] Re: [Color Computer] History Bytes

[Dennis Bathory-Kitsz]

At 01:08 PM 1/10/05 -0800, John R. Hogerhuis wrote:
>Short of all this, one could make the ROM in user programmable flash,
>and make it the user's responsibility to load a ROM, similar to the
>situation with emulators. Then liability moves to the users if they
>choose to use a purloined image... 

Inducement. The Induce Act failed (never left Judiciary) this past term,
but not next time by all accounts. They'll get ya one way or 'tother.

Here is the text:



IN THE SENATE OF THE UNITED STATES

June 22, 2004

Mr. HATCH (for himself, Mr. LEAHY, Mr. FRIST, Mr. DASCHLE, Mr. GRAHAM of
South Carolina, and Mrs. BOXER) introduced the following bill; which was
read twice and referred to the Committee on the Judiciary

A BILL

To amend chapter 5 of title 17, United States Code, relating to inducement
of copyright infringement, and for other purposes.

      Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

      This Act may be cited as the `Inducing Infringement of Copyrights Act
of 2004'.

SEC. 2. INTENTIONAL INDUCEMENT OF COPYRIGHT INFRINGEMENT.

      Section 501 of title 17, United States Code, is amended by adding at
the end the following:

      `(g)(1) 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.

      `(2) Whoever intentionally induces any violation identified in
subsection (a) shall be liable as an infringer.

      `(3) Nothing in this subsection shall enlarge or diminish the
doctrines of vicarious and contributory liability for copyright
infringement or require any court to unjustly withhold or impose any
secondary liability for copyright infringement.'.