Novell Executive Urges Caution on Actions to Modify Copyright Liability on The Internet
Daniel Burton Testifies on Internet Copyright Issues Before Senate Judiciary
Committee
WASHINGTON, D.C. -- Sept. 4, 1997 -- Legislative actions to modify copyright
liability on the Internet should proceed with great caution, according to Daniel Burton, vice president for
government relations at Novell, Inc. Burton testified on Internet copyright issues before the Senate
Judiciary Committee on behalf of Novell, the leading developer of networking software, and two major
trade associations: the Business Software Alliance (BSA) and the Software Publishing Association
(SPA).
"Novell and our industry colleagues believe that the copyright law should not be changed to create general
immunities for on-line service providers," said Burton. "Given the rapidly changing nature of electronic
commerce and our inability to predict with certainty how business will evolve, it's imperative that we
proceed with caution before modifying existing copyright law.
"Network operators as well as content providers have shared interests and responsibilities," Burton added.
"Our common interest is the rapid establishment and acceptance by consumers of electronic networks as
reliable, efficient, effective and robust means to conduct their business. Our common responsibility is to
ensure that these networks are not abused or perverted to pernicious purposes, including making them a
haven for those who would steal others' software."
Burton urged Congress for rapid ratification of the recently proposed World International Property
Association (WIPO) treaties, including implementation of the anti-circumvention provisions. "The WIPO
treaties would make clear in international law a key element already part of U.S. law -- that making
available a work without permission is an act of infringement," Burton said. "In addition, the treaties would
make illegal the sale and distribution of devices that circumvent certain technologies designed to protect
creative works.
Burton summarized his remarks by emphasizing that the software industry "does not see an urgent need to
legislate on the matter of liability of providers of networking service. Court cases to date have been fairly
decided, and we do not see compelling evidence of a chilling effect in the marketplace from an absence of
specific rules. That is not to say that such need will never arise, but we would like to have more experience
with information-based economic activity before we write new rules."
BSA promotes the continued growth of the software industry through its international public policy,
education, and enforcement programs in 65 countries throughout North America, Europe, Asia, and Latin
America. BSA worldwide members include the leading publishers of software for personal computers and
the Internet including Adobe, Autodesk, Bentley Systems, Lotus Development, Microsoft, Novell, SCO,
and Symantec. BSA's Policy Council consists of these publishers and other leading computer technology
companies including Apple Computer, Compaq, Digital Equipment Corp., IBM, Intel, and Sybase.
SPA is the principal trade association of the software industry, representing the leading publishers as well
as start-up firms in the business, home office, consumer entertainment and education markets. SPA
supports companies that develop and publish software applications and tools for use on the desktop, client-
server networks and the Internet. SPA's 1200 member companies account for 85 percent of U.S. revenue
for packaged and online software. Information on SPA activities is available at http://www.spa.org.
Founded in 1983, Novell, (NASDAQ: NOVL) is the world's leading provider of network software. The
company offers a wide range of network solutions for distributed network, Internet, intranet and small-
business markets. Novell education and technical support programs are the most comprehensive in the
network computing industry. Information about Novell's complete range of products and service can be
accessed on the World Wide Web at http://www.novell.com.
Novell Contact:
Jonathan Cohen
Phone: (408) 577-7268
Internet: jcohen@novell.com
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