LISTSERV mailing list manager LISTSERV 16.0

Help for ARSCLIST Archives


ARSCLIST Archives

ARSCLIST Archives


[email protected]


View:

Message:

[

First

|

Previous

|

Next

|

Last

]

By Topic:

[

First

|

Previous

|

Next

|

Last

]

By Author:

[

First

|

Previous

|

Next

|

Last

]

Font:

Proportional Font

LISTSERV Archives

LISTSERV Archives

ARSCLIST Home

ARSCLIST Home

ARSCLIST  May 2007

ARSCLIST May 2007

Subject:

Gonzales proposes new crime: 'Attempted' copyright infringement

From:

Matt Love <[log in to unmask]>

Reply-To:

Matt Love <[log in to unmask]>

Date:

Wed, 23 May 2007 16:06:02 -0700

Content-Type:

text/plain

Parts/Attachments:

Parts/Attachments

text/plain (113 lines)

sorry if this was already posted, and I missed it

http://news.com.com/8301-10784_3-9719339-7.html


May 15, 2007 2:00 AM PDT
Gonzales proposes new crime: 'Attempted' copyright infringement
Posted by Declan McCullagh

Attorney General Alberto Gonzales is pressing the U.S. Congress to
enact a sweeping intellectual-property bill that would increase
criminal penalties for copyright infringement, including "attempts" to
commit piracy.

"To meet the global challenges of IP crime, our criminal laws must be
kept updated," Gonzales said during a speech before the U.S. Chamber
of Commerce in Washington on Monday.

The Bush administration is throwing its support behind a proposal
called the Intellectual Property Protection Act of 2007, which is
likely to receive the enthusiastic support of the movie and music
industries, and would represent the most dramatic rewrite of copyright
law since a 2005 measure dealing with prerelease piracy.

Here's our podcast on the topic.

The IPPA would, for instance:

* Criminalize "attempting" to infringe copyright. Federal law
currently punishes not-for-profit copyright infringement with between
1 and 10 years in prison, but there has to be actual infringement that
takes place. The IPPA would eliminate that requirement. (The Justice
Department's summary of the legislation says: "It is a general tenet
of the criminal law that those who attempt to commit a crime but do
not complete it are as morally culpable as those who succeed in doing
so.")

* Create a new crime of life imprisonment for using pirated software.
Anyone using counterfeit products who "recklessly causes or attempts
to cause death" can be imprisoned for life. During a conference call,
Justice Department officials gave the example of a hospital using
pirated software instead of paying for it.

* Permit more wiretaps for piracy investigations. Wiretaps would be
authorized for investigations of Americans who are "attempting" to
infringe copyrights.

* Allow computers to be seized more readily. Specifically, property
such as a PC "intended to be used in any manner" to commit a copyright
crime would be subject to forfeiture, including civil asset
forfeiture. Civil asset forfeiture has become popular among police
agencies in drug cases as a way to gain additional revenue, and it is
problematic and controversial.

* Increase penalties for violating the Digital Millennium Copyright
Act's anticircumvention regulations. Criminal violations are currently
punished by jail times of up to 10 years and fines of up to $1
million. The IPPA would add forfeiture penalties.

* Add penalties for "intended" copyright crimes. Certain copyright
crimes currently require someone to commit the "distribution,
including by electronic means, during any 180-day period of at least
10 copies" valued at more than $2,500. The IPPA would insert a new
prohibition: actions that were "intended to consist of" distribution.

* Require Homeland Security to alert the Recording Industry
Association of America. That would happen when CDs with "unauthorized
fixations of the sounds, or sounds and images, of a live musical
performance" are attempted to be imported. Neither the Motion Picture
Association of America nor the Business Software Alliance (nor any
other copyright holder, such as photographers, playwrights or news
organizations, for that matter) would qualify for this kind of special
treatment.

A representative of the Motion Picture Association of America told us:
"We appreciate the department's commitment to intellectual-property
protection and look forward to working with both the department and
Congress as the process moves ahead."

What's still unclear is the kind of reception this legislation might
encounter on Capitol Hill. Gonzales may not be terribly popular, but
Democrats do tend to be more closely aligned with Hollywood and the
recording industry than is the GOP. (A few years ago, Republicans even
savaged fellow conservatives for allying themselves too closely with
copyright holders.)

On behalf of Rep. Howard Berman, the California Democrat who heads the
House Judiciary subcommittee that focuses on intellectual property, a
representative said the congressman is reviewing proposals from the
attorney general and others. The aide said the Hollywood politician
plans to introduce his own intellectual-property enforcement bill
later this year but that his office is not prepared to discuss any
details yet.

One key Republican was less guarded. "We are reviewing (the attorney
general's) proposal. Any plan to stop IP theft will benefit the
economy and the American worker," said Rep. Lamar Smith of Texas, the
top Republican on the House Judiciary committee. "I applaud the
attorney general for recognizing the need to protect intellectual
property."

Still, it's too early to tell what might happen. A similar copyright
bill that Smith, the RIAA and the Software and Information Industry
Association enthusiastically supported last April never went anywhere.

CNET News.com's Anne Broache contributed to this blog.
Topics:
Media, Politics
Tags:
copyright, gonzales, dmca
Bookmark:
Digg Del.icio.us Reddit

Top of Message | Previous Page | Permalink

Advanced Options


Options

Log In

Log In

Get Password

Get Password


Search Archives

Search Archives


Subscribe or Unsubscribe

Subscribe or Unsubscribe


Archives

March 2024
February 2024
January 2024
December 2023
November 2023
October 2023
September 2023
August 2023
July 2023
June 2023
May 2023
April 2023
March 2023
February 2023
January 2023
December 2022
November 2022
October 2022
September 2022
August 2022
July 2022
June 2022
May 2022
April 2022
March 2022
February 2022
January 2022
December 2021
November 2021
October 2021
September 2021
August 2021
July 2021
June 2021
May 2021
April 2021
March 2021
February 2021
January 2021
December 2020
November 2020
October 2020
September 2020
August 2020
July 2020
June 2020
May 2020
April 2020
March 2020
February 2020
January 2020
December 2019
November 2019
October 2019
September 2019
August 2019
July 2019
June 2019
May 2019
April 2019
March 2019
February 2019
January 2019
December 2018
November 2018
October 2018
September 2018
August 2018
July 2018
June 2018
May 2018
April 2018
March 2018
February 2018
January 2018
December 2017
November 2017
October 2017
September 2017
August 2017
July 2017
June 2017
May 2017
April 2017
March 2017
February 2017
January 2017
December 2016
November 2016
October 2016
September 2016
August 2016
July 2016
June 2016
May 2016
April 2016
March 2016
February 2016
January 2016
December 2015
November 2015
October 2015
September 2015
August 2015
July 2015
June 2015
May 2015
April 2015
March 2015
February 2015
January 2015
December 2014
November 2014
October 2014
September 2014
August 2014
July 2014
June 2014
May 2014
April 2014
March 2014
February 2014
January 2014
December 2013
November 2013
October 2013
September 2013
August 2013
July 2013
June 2013
May 2013
April 2013
March 2013
February 2013
January 2013
December 2012
November 2012
October 2012
September 2012
August 2012
July 2012
June 2012
May 2012
April 2012
March 2012
February 2012
January 2012
December 2011
November 2011
October 2011
September 2011
August 2011
July 2011
June 2011
May 2011
April 2011
March 2011
February 2011
January 2011
December 2010
November 2010
October 2010
September 2010
August 2010
July 2010
June 2010
May 2010
April 2010
March 2010
February 2010
January 2010
December 2009
November 2009
October 2009
September 2009
August 2009
July 2009
June 2009
May 2009
April 2009
March 2009
February 2009
January 2009
December 2008
November 2008
October 2008
September 2008
August 2008
July 2008
June 2008
May 2008
April 2008
March 2008
February 2008
January 2008
December 2007
November 2007
October 2007
September 2007
August 2007
July 2007
June 2007
May 2007
April 2007
March 2007
February 2007
January 2007
December 2006
November 2006
October 2006
September 2006
August 2006
July 2006
June 2006
May 2006
April 2006
March 2006
February 2006
January 2006
December 2005
November 2005
October 2005
September 2005
August 2005
July 2005
June 2005
May 2005
April 2005
March 2005
February 2005
January 2005
December 2004
November 2004
October 2004
September 2004
August 2004
July 2004
June 2004
May 2004
April 2004
March 2004
February 2004
January 2004
December 2003
November 2003
October 2003
September 2003
August 2003
July 2003
June 2003
May 2003
April 2003
March 2003
February 2003
January 2003

ATOM RSS1 RSS2



LISTSERV.LOC.GOV

CataList Email List Search Powered by the LISTSERV Email List Manager