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Board Meeting


Continuation of 2005-01-22

  • Determining policy recommendations for DMCA/p2p
  • Getting the policy paper written
  • What to do with web volunteers?


Attendance: Karen, Nelson, Gavin, Fred

p2p Manufacturers

  • One idea -- get rid of statutory damages for secondary liability/"inducement"
    • see this article by Fred VL
    • What about getting rid of statutory damages generally? Good for deterrence, but they also function as humongous punishments for acts that may have done no harm...
      • Leave it for the notes
    • There might be a need for deterrence for secondary damages, too... otherwise could result in a "pirate now pay later" situation?
    • We should talk to Fred VL, others... maybe move p2p entirely to the notes?

p2p Downloaders

  • VCLs? (see EFF proposal)
    • Awesome, but they can't be legislated...
    • A mandatory license could be, but do we want to resort to that?
  • Get rid of statutory damages for p2p downloading for private non-commercial use?
    • Only if we're getting rid of those damages for manufacturers, too... Why should inducement be punished *more* harshly than actual infringement?

Getting the paper done

  • Need to get lots of feedback from chapters/allies, but first we need to:
    • Either form p2p and DMCA policies or table them to notes
      • Tabled
    • Compile/complete the notes overall
    • Decide whether or not to move patent fair use to notes
      • Moved