INDUCE is S.2560 [4:15 pm]
Its text still is not in Thomas, but there’s an entry for it. See the Congressional Record, S7189 and sequential for the introduction on June 22, 2004. So, I can pull the text from there:
[from S7192, Congressional Record]
Mr. President, I urge all of my colleagues to support S. 2560, the Inducing Infringement of Copyrights Act.
I ask unanimous consent that the text of the bill be printed in the RECORD.
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the “Inducing Infringement of Copyrights Act of 2004”.
SEC. 2. INTENTIONAL INDUCEMENT OF COPYRIGHT INFRINGEMENT.
Section 501 of title 17, United States Code, is amended by adding at the end the following:
“(g)(1) In this subsection, the term `intentionally induces’ means intentionally aids, abets, induces, or procures, and intent may be shown by acts from which a reasonable person would find intent to induce infringement based upon all relevant information about such acts then reasonably available to the actor, including whether the activity relies on infringement for its commercial viability.
“(2) Whoever intentionally induces any violation identified in subsection (a) shall be liable as an infringer.
“(3) Nothing in this subsection shall enlarge or diminish the doctrines of vicarious and contributory liability for copyright infringement or require any court to unjustly withhold or impose any secondary liability for copyright infringement.”.
And the BSA is already out there in favor of it:
BSA applauds Senators Hatch and Leahy for their leadership in introducing an important bill to stem the tide of illicit file sharing which is enabling software piracy and causing substantial harm to our members. BSA believes that ways need to be found to address piracy generally, and online piracy specifically. In addressing these critical problems, we need to ensure that we are not creating unintended consequences for general purpose technology products. Peer-to-peer technologies hold great promise. Senators Hatch and Leahy have introduced legislation that recognizes that the technology is not the problem, but rather the problem is bad actors that intentionally induce in illicit acts.
Hatch’s press release and statement: Hatch Introduces Bill To Stop Inducement Of Children To Commit Crimes