damn you orin,damn your eyes...
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Even a moment's reflection should make the danger to innovators clear -- you now have to worry not just about contributory and vicarious liability, but an entirely new form of liability for building tools that might be misused. It will be interesting to see whether the bill expressly precludes any Betamax-type defense. This may also pose First Amendment problems, to the extent a journalist or website publisher might be liable for simply posting information about where infringement tools might be found or how to use them.
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http://www.eff.org/deeplinks/archives/001631.php
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Chapter 5 of title 17, United States Code, is amended by adding to the end of section 501 the following: (g) Intentional Inducement of Infringement.-Whoever intentionally induces any violation identified in subsection (a) of this section shall be liable as an infringer. (l) In subsection (g), "intentionally induces" means intentionally aids, abets, induces, counsels, 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) Nothing in this section shall enlarge or diminish the doctrines of vicarious or contributory liability for copyright infringement or require any court to unjustly withhold or impose any secondary liability for copyright infringement.
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this one is directed at all of us that use any of the many p2p forums