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June 28, 2005

American Innovation Victimized

Popular Science: Here's another interesting perspective relating to yesterday's Supreme Court decision by Cory Doctorow, writer and Outreach Coordinator for the EFF...Between the lines of his sarcasm, he points out that American entrepreneurs might now be at a disadvantage when competing in the future with foreign firms who don't have to abide by the latest "fuzzy test" of inducement...

"You can be sure that the in-house counsel at a technology company will err on the side of caution - as will the investors in every potential new garage start-up...The second you show a hint of 'inducement', you open your company up to having a court pick over the bones of every e-mail from every engineer, every call and every PowerPoint presentation, looking for evidence of thoughtcrime: Have you had a subversive thought while designing this? Did it ever occur to you that you could have made it a little clunkier and, in so doing, made it less infringing?"

"P2P will outlast today’s generation of technophobic record execs who are steering their companies to slow, spectacular suicide....Both sides went to the Supreme Court hoping for clarity on what is and isn’t legal in P2P, and instead the court tipped a fresh load of grenades into the decade’s most perilous legal minefield..."

Posted by Todd in Legal | Permalink

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