Background
Congress is considering a variety of measures to
grant copyright owners the legal right to disrupt
the unauthorized use of their copyrighted works
on peer-to-peer (P2P) networks. Under certain circumstances,
permitted actions might include intentionally damaging
computers used to download copyright protected music
and other files from P2P networks.
USACM Concerns
As members of a professional association that promotes
both technical and ethical excellence in computing,
USACM is concerned that allowing copyright owners
to intentionally damage computers would legitimize
a variety of questionable acts and produce unintended
consequences harmful to the use and continued development
of the Internet.
While recognizing that P2P networking raises new
legal challenges, USACM is engaged to educate policymakers
concerning the variety of legitimate uses of P2P
networking protocols that do not involve copyright
infringement. Research and development conducted
using P2P shows great promise for inexpensive yet
powerful distributed computation. P2P networks are
helping businesses, researchers, and artists work
collaboratively and more efficiently in many environments.
P2P use on a corporate, educational, or government
computing device that results in retaliatory action
could result in serious harm to innocent third parties
(the owners or other users of these machines and
the people who rely on the applications normally
performed by these machines). Applications that
could be impacted include electronic commerce transactions
and a variety of research, education, free speech,
health care, and other noncommercial activities.
The scientists, educators, artists, publishers,
and other computing professionals of USACM have
major interests in copyright. We are concerned about
the protection of our property, but we are addressing
this challenge through the investigation of new
business models and methods better suited to a "wired"
world. Legislative and regulatory efforts that permit
vigilante attacks on P2P networks to protect content
are not the answer, but only serve as an invitation
for additional problems at the expense of society
at-large.
USACM Activities
USACM sent a letter
to the Senate Judiciary Committee concerning comments
at a hearing to review policy issues raised by the
emergence of Peer-to-Peer (P2P) file-sharing networks.
The letter suggested that allowing copyright owners
to intentionally damage computers used in acts copyright infringement
would legitimize a variety of questionable acts and
produce unintended consequences harmful to the use
and continued development of the Internet. July
27, 2003
USACM sent a Letter
to the House Committee on Judiciary's Subcommittee
on Courts, the Internet, and Intellectual Property
outlining concerns with the H.R. 5211, P2P Piracy
Prevention Act. September
26, 2002