Reportedly, the secret negotiations to rewrite the Induce Act are ongoing. I got hold of a recent staff discussion draft of the Act. It’s labeled “10/1″ but I understand that the negotiators were working from it as late as yesterday.
I’ll be back later with comment.
UPDATE (8 PM): This draft is narrower than previous ones, in that it tries to limit liability to products related “peer-to-peer” infringement. Unfortunately, the definition of peer-to-peer is overbroad. Here’s the definition:
the term “peer-to-peer” shall mean any generally available product or service that enables individual consumers’ devices or computers, over a publicly available network, to make a copy or phonorecord available to, and locate and obtain a copy or phonorecord from, the computers or devices of other consumers who make such content publicly available by means of the same or an interoperable product or service, where –
(1) such content is made publicly available among individuals whose actual identities [and electronic mail address] are unknown to one another; and
(2) such program is used in a manner in which there is no central operator of a central repository, index or [directory] who can remove or disable access to allegedly infringing content.
By this definition, the Web is clearly a peer-to-peer system. Arguably, the Internet itself may be a peer-to-peer system as well.