We've already referred to a very bad piece of legislation
that was introduced in the California legislation in mid-January by a senator from Los Angeles. It requires further discussion.
Essentially, the premise of SB 96 is to provide criminal penalties for those who enable the distribution of copyrighted content over P2P networks. But, as the legislation currently stands, one could make a good argument that the bill could ban a whole swath of current and still yet imagined Internet applications. It would put a serious dent in California innovation to say the least.
"This bill would provide that any person or entity that sells, advertises, or distributes peer-to-peer file sharing software, as defined, that enables the user to electronically disseminate recordings or audiovisual works over the Internet who fails to exercise reasonable care in preventing use of the software to commit an unlawful act with respect to a commercial recording or audiovisual work, or a violation of provisions related to production, possession, distribution, or advertisement of obscene matter depicting a minor under 18 years of age, or tampering with, interference with, damage to, or unauthorized access to computer data or systems, is punishable by a fine not exceeding $2,500, imprisonment in a county jail for a period not to exceed one year, or by both that fine and imprisonment...
'"peer-to-peer file sharing software" means software that once installed and launched, enables the user to connect his or her computer to a network of other computers on which the users of these computers have made available recording or audiovisual works for electronic dissemination to other users who are connected to the network. When a transaction is complete, the user has an identical copy of the file on his or her computer and may also then disseminate the file to other users connected to the network...."
"As used in this section,"electronic dissemination" means initiating a transmission of, making available, or otherwise offering, a commercial recording or audiovisual work for distribution on the Internet or other digital network, regardless of whether someone else had previously electronically disseminated the same commercial recording or audiovisual work."
Okay, you can close your mouth now. Yes, it's amazing. You could question whether Web browsers, Web email, blogging software, IM, etc. could be rendered illegal by this bill.
There also is no doubt that this bill will get amended, refined and water-downed. There also is the question of the Grokster case at the Supreme Court and how that may pre-empt this proposed law depending on the ruling which will be made by the summer.
Still, even if this bill does "improve", consider how far from the extreme it started and wonder what the middle-ground compromise could look like. And, even if it goes away completely (which is unlikely), think about what kind of environment exists in Sacramento where a leading Senator can introduce a piece of legislation like this with all of the confidence in the world.
The truth is that the tech industry has done a good job in going from 0-45 in Washington, DC in recent years. We're still on the on-ramp to Sacramento. The folks who are in town on tech's behalf are very good. But, they're outnumbered. Hollywood doesn't have this problem.
The silver lining to SB 96 is that it may turbo-charge efforts by the tech industry to fully engage in Sacramento. Part of the story we will be able to tell is how leading Silicon Valley companies are now working closely with their colleagues in the content industries and how we're just around the corner from great mutual cross-industry gains from real media and technology convergence. Driving a wedge between this effort won't help.
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Posted by: Aurora | August 05, 2012 at 02:31 PM