Library Copyright Alliance and 7 Other Organizations Argue against the PRO-IP Act in White Paper

Eight organizations have submitted a white paper to the U.S. Copyright Office that critiques the PRO IP Act. The organizations are Library Copyright Alliance, Computer & Communications Industry Association, NetCoalition, Consumer Electronics Association, Public Knowledge, Center for Democracy & Technology, Association of Public Television Stations, and Printing Industries of America.

Here's an excerpt from the "Executive Summary":

Not only is there a complete lack of evidence for the need to modify existing law, the proposed change would cause significant collateral damage across the economy, including, for instance, technology and Internet companies, software developers, telecommunications companies, graphics and printed materials industries, libraries, and consumers. Allowing plaintiffs to disaggregate components of existing works would—

  • Incentivize “copyright trolls” by providing plaintiffs with the leverage to assert significantly larger damage claims and obtain unjustified “nuisance settlements” from innovators not able to tolerate the risk of a ruinous judgment.
  • Stifle innovation by discouraging technologists from using or deploying any new technology or service that could be used to engage in infringing activities by third parties.
  • Create unprecedented risk for licensees of technologies powered by software. Because licensees may be unable or unwilling to obtain meaningful indemnifications from every upstream contributor to a particular product, the proposed change will decrease companies’ willingness to outsource software solutions or use open source software.
  • Chill lawful uses, suppress the development of fair use case law, and exacerbate the orphan works problem.

Read more about it at "Groups Submit Paper Opposing Higher Copyright Damages" and "PRO-IP Act Is Dangerous and Unnecessary, Say Industry Groups."

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Author: Charles W. Bailey, Jr.

Charles W. Bailey, Jr.