Portillo: Congressman wants you to say goodbye to your VCR

A landmark 1984 Supreme Court decision in the Universal City Studios v. Sony case declared that VCRs were legal even though they could be used to break copyright laws. Universal City Studios wanted to confiscate and impound all Betamax VCRs on the basis they could theoretically be used illegally. Thankfully, the Supreme Court decided the VCRs weren’t illegal merely because they could be used for an illegal purpose; thus the crowbar and baseball bat industries are still safe. And, despite the theories of the motion picture industry at the time, the VCR has led to huge profits for the industry with sales of cassettes and DVDs eclipsing box office sales.

The message from the ruling is simple: Technology helps copyright holders by opening up new markets and new ways to make money. Adaptation, not legislation, is the key to making money in the entertainment industry.

But some groups just never learn. The new Induce Act, which will be presented to the Senate on Wednesday and is sponsored by Sen. Orrin Hatch (R-Utah), will make it illegal for anyone to “intentionally induce” a violation of copyright law. The Induce Act defines “intentionally induce” as “aids, abets, counsels, or procures.” While this may seem just an average bill in this age of record industry lawsuits and music piracy, it really has the ability to drastically change the face of American consumer electronics.

For instance, is it aiding someone to break the law if a worker at Best Buy sells a CD-writer that is eventually used for burning illegally downloaded songs? How about a computer manufacturer whose computers are used for illegal purposes? If taken to its logical conclusion, then the Internet in its entirety could be considered liable for intentionally inducing a violation of copyright law. This, quite obviously, wouldn’t be good for America or its consumers. Sure, without this law some copyright violations might go on, but they’re not strangling any industries like this law would. Imagine a world where even something so necessary to business as a photocopier is outlawed because it could be used to make illegal copies of copyrighted material.

While it may seem a bit far-fetched to imagine a world where computers and other consumer electronics are considered contraband, just take a closer look at the sponsor of the bill.

Hatch first made major headlines in the world of copyright law when he said last year that he thought copyright holders should have the legal right to destroy the computers of suspected file sharers. That Hatch would support vigilantism to the degree he would agree with private companies electronically breaking into and destroying the computers of suspected “music pirates” without any sort of authorization is evidence of the sort of overlegislation Hatch would champion.

Imagine if other industries were given the power Hatch wants the recording, or rather the copyrighting, industries to have. If someone suspected you of driving in your car and throwing toilet paper on their house, they could, legally, break your car, take all your toilet paper, and if Hatch’s new Induce Act is passed, they could also go after the car manufacturer and the dealership where you bought the car. Hatch and his breed of overlegislators are dangerous to the American public, and the Induce Act is a misguided piece of legislation that can only hurt the entertainment and copyright industries in the long run.

— Julian Portillo, 17, will be a sophomore at Kansas University.