Codes of Conduct
By Michael Floyd
When it comes to pushing the legal envelope, there's little doubt that the Web tests and sets new precedents almost daily. The latest case in point is the that of the Software Publishers Association's (SPA) campaign against software piracy over the Internet. In October, the SPA filed five civil lawsuits for copyright infringement over the Net, three of them against Internet Service Providers (ISPs). The lawsuits are part of the SPA's Internet Anti-Piracy Campaign, which seeks to end copyright infringement over the Net.
At the heart of the issue is the SPA's campaign to make ISPs adhere to a "Code of Conduct" that would force them to monitor and regulate content. As part of the "Code," ISPs would name a "compliance officer" that would regulate the distribution of copyrighted programs or applications through its servers. The code goes on to suggest that ISPs ensure information used to crack copy-protection schemes and serial numbers not be posted through its servers, and that they prevent virtual Web servers hosted at the ISP from providing links to other sites containing pirated applications or cracking information. Another kink in the code is that the ISP must terminate any subscriber who willfully distributes pirated software or cracking materials.
There's little doubt that software piracy exists and that it costs companies millions of dollars each year. Furthermore, the Internet and Web make the distribution of "illegal" software much easier. But as with pornography on the Web, the question is, Who should be held responsible? It's one thing to police distribution of illegal software directly from your own server.
