Today's Wall Street Journal (subscription required) has two interesting pieces on music. One is on the proposed Induce Act, and it emphasizes the proposed changes championed by the Consumer Electronics Association, which would, says WSJ, "target only those computer programs that exist primarily for 'indiscriminate, mass infringement of copyrighted works,' and whose commercial viability depends on that infringement."

This approach would reduce the fears of the tech world, which is concerned that the proposed legislation would be used against hardware devices, with the iPod as the poster child.

The other article is an interview with Gunter Thielen, CEO of Bertelsmmann. His comments on the piracy issue: "I think the downloading problem won't be solved until we're able to electronically interfere with the process. There are some new technologies being tested and I think they will be ready pretty soon. . . . . In one or two years, we'll have taken care of the problem . . . . The combination of technical advancements, user-friendly services and litigation will lead to a reduction in unauthorized downloading."

I am increasingly convinced that Theilen is right -- that a right of self-help, limited by liability for damages caused by mistakes, is a crucial part of any long-term solution. The brouhaha over the Induce Act reinforces this view, too.

posted by James DeLong @ 2:52 PM | General

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