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As was recently reported on Slashdot, Senator Orrin Hatch has introduced the INDUCE Act with this absurd floor speech which Ernest Miller has torn apart line-by-line. In response to Hatch, the Electronic Frontier Foundation has brilliantly illustrated how the INDUCE Act can and will be abused. They explain how under the INDUCE Act an agressive copyright holder could sue Apple for inducing iPod owners to infringe (merely by creating the innovative devices), as well as Toshiba for making the iPod’s hard drive, and CNET for showing people how to move the iPod’s music files. Time to visit the EFF Action Center to contact your Senators and tell them you want INDUCE squashed and innovation preserved. (This was a rejected Slashdot submission of mine.)

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The story in Paul Krugman’s latest column should be headlining every news outlet you could possibly read, watch, or listen to today. Strangely, I’m not hearing much about it. So, I feel compelled to talk about it.

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As a white guy, I’m allowed to say this: White guys are the problem. Who was responsible for the Oklahoma City bombing? A white guy. Who went on a shooting spree in a Jewish Community Center in Los Angeles and killed a U.S. Postal worker? A white guy. Who bombed the 1996 Olympics, a nightclub in Atlanta, and a Women’s Clinic in Birmingham? A white guy. Who was the unabomber? A white guy. Who killed 16 children and their teacher at a school in Scotland? A white guy. Or in Columbine Colorado? Two white guys. It’s not often someone is crazy enough to take a shot at a U.S. President, but who shot Lincoln, Kennedy, and Reagan? Three white guys. Quick! Think of four notorious serial killers! First to come to mind for me were these four white guys (Berkowitz, Bundy, Dahmer, De Salvo, Gacy, Manson all good answers).

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And now we learn that yet another white guy in Noonday, Texas had “a weapons cache containing fully automatic machine guns, remote-controlled explosive devices disguised as briefcases, 60 pipe bombs and a chemical weapon — a cyanide bomb — big enough to kill everyone in a 30,000-square-foot building.” But you didn’t hear about this terrorist because he doesn’t fit the profile that General Ashcroft wants you to fear.

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While actually dangerous individuals like this white guy are ignored, the Ashcroft Justice Department spends all its efforts questioning and detaining anyone with an Arab name or brown skin.

9/11 was an anomaly as far as terrorism in the United States goes. When we realize that, we might also realize that we should not allow 9/11 to change anything about our fundamental values. America has long been committed to individual freedom and privacy, to due process rights, to that nutty innocent-until-proven-guilty thing, ostensibly to the notion that we don’t start wars, but most certainly to the idea that it is wrong to torture people. We shouldn’t give these things up. 9/11 changed nothing about the importance of these principles. But neither the Ashcroft Justice Department nor the Bush administration in general, understands this. We need people in these positions of power that are committed to true American values.

In Property Law there is a doctrine (much-feared by law students for its complexity) known as the Rule Against Perpetuities. We are taught that this rule is in part motivated by society’s strong distaste for “dead-hand control” of property. Those who are long gone have had their chance to benefit from their property, and the living know best how to put the property to its most efficient current use. So if we recognize the problems of dead-hand control with regards to real property, and if the Copyright-maximalist crowd wants to constantly call their exclusive right “property” then why don’t we show greater concern over dead-hand control in the Copyright arena? It’s not as if it doesn’t create similar or greater harm. Read on:

Literary lion’s watchdog is muzzled

By Angelique Chrisafis in Dublin

June 4, 2004

He is the man literary Ireland fears most.

Stephen Joyce, the highly litigious grandson of Ireland’s great writer James Joyce has devoted his life to fiercely protecting his grandfather’s copyright, and has never been slow to set his lawyers on those foolhardy enough to take the Joyce name in vain or to reproduce Joyce’s words without consent.

Few are spared. He has targeted publishing houses, internet readings, and an Edinburgh fringe musical using Molly Bloom’s soliloquy from Ulysses. An Irish composer who requested permission to quote 18 words of Finnegans Wake received a refusal letter saying: “To put it politely, my wife and I don’t like your music.”

But now, fearful for this month’s mammoth celebrations of Joyce’s masterpiece Ulysses, Irish MPs this week rushed through emergency legislation that will prevent Mr Joyce from suing the Government and the National Library over an exhibition which displays 500 pages of Joyce manuscripts bought for €12.6 million ($22million) in 2002. “James Joyce and Ulysses” forms the centrepiece of the Rejoyce festival commemorating the centenary of Bloomsday, the day on which Ulysses was set.

Stephen Joyce had warned the Government and the library he would take any copyright infringement seriously.

Mr Joyce, now in his 70s, is the writer’s only living descendant. He lives in France and has made lots of money suing for copyright infringement and fees for rights.

The Government said it was acting to close a copyright loophole that affected all writers, but intellectuals were quick to bemoan a culture of fear surrounding the representation of Joyce’s works.

Senator David Norris, a Joycean scholar, told colleagues in the Irish Senate: “It is an astonishing irony that a man such as James Joyce, who fought for freedom of expression . . . and committed himself so totally against censorship, should now find his works being . . . removed from public gaze by his own estate.”

The Guardian

This story was found at: http://www.smh.com.au/articles/2004/06/03/1086203561354.html

(If the above link disappears, there is another version of the article by the same author.)

So, in at least one instance, the UK got it. It makes no sense to give a freeloading grandson of a creative author the right to hassle people 100 years after a work is created. It certainly doesn’t promote the progress of science and useful arts. We need this not just for Joyce’s work, but for all copyrighted works. I would prefer a system where a copyright dies with its original holder (if not much sooner!), but if anyone really believes that authors on their death beds are motivated to create by the thought of providing for their heirs, then I would compromise for life of the author plus 18 years. That way even a not-quite born heir would have the chance to benefit from royalties until s/he reaches adulthood. From then on, you’re on your own. Currently the law is life plus 70 years. That’s too much dead-hand control. (Note: I would most prefer a return to our original copyright term of 14 years renewable once for an additional 14 years, not to exceed 28 years total. And software is a different story altogether. Given the rate of development in that industry the term should probably be no longer than 5 years.)