According to CNet, the Bush administration is throwing its support behind something called the Intellectual Property Protection Act of 2007, which would, among other things criminalize something called “attempted copyright infringement.” From CNET:
“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.
Our good friends Howard Berman and Lamar Smith, (you’ll remember them as the ones who took lots and lots of money from the RIAA as well as the friends and families of various record company and entertainment executives) are all for it, according to CNET:
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, who’s the top Republican on the House Judiciary committee. “I applaud the attorney general for recognizing the need to protect intellectual property.”
Berman’s office said they couldn’t comment because they were busy drafting their own version of the legislation.
So, what would the new legislation do? Some highlights from CNet:
•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 is problematic and controversial.
• Increase penalties for violating the Digital Millennium Copyright Act’s anti-circumvention regulations. Currently 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 too.
• Add penalties for “intended” copyright crimes. Currently certain copyright crimes require someone to commit the “distribution, including by electronic means, during any 180-day period, of at least 10 copies” valued at over $2,500. The IPPA would insert a new prohibition: actions that were “intended to consist of” distribution.
You can read the proposed legislation here, in PDF form, and check out the press release while you’re at it. —MEGHANN MARCO
Gonzales proposes new crime: “Attempted” copyright infringement [CNet via Slashdot]
Intellectual Property Protection Act of 2007 (PDF)
(Photo:Wikipedia)
RELATED: Congressmen Who Took Money From The RIAA Send Chiding Letters To Universities
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Corporate America had better wake up, or one day consumers are going to rise up and say ‘enuff’–not only are they greedy, but they buy off the legislators and write the laws, always to their benefit.
@Mojosan: you work for the riaa dont you?
http://www.macworld.com/news/2007/05/15/pirac/index.php?ls…
in response to this article nobody can really estimate the loss from piracy. It’s too easy to just say that a person that owns a pirated copy of software is money lost. In all probability the person probably wouldn’t have purchased it to begin with. So you can’t just say that companies lost $xxx million, that’s really inflating the estimate.
In addition I think at least for the music/movie industry piracy increases popularity for artists and actors. If all the 16 year old girls stopped downloading Ashlee Simpson, really who would be left to listening her music? Sorry for the double post, I just read that article now.
So what’s the penalty for persecuting the innocent by bringing lawsuits against them for piracy they never committed?
Or for extortion of college students?
It’s also worth mentioning that many brilliant Steve Wozniacs of tomorrow get their chops by doing proof-of-concept hacks, demos, etc. Likewise, that guy that broke the HDDVD key, and all the people that linked or posted that in comments on Digg?
> Prison terms.
It’s insane.
Where is this misguided angst coming from about the artists and the programmers? Does anyone really think these kinds of laws are made to protect them? Nay, it is the corporations who are wanting the money, not the artists and programmers whose take is typically 10% or much, much less.
Music piracy? Stop charging so much for such crap, and release the harder-to-find stuff for me to buy instead of these expensive “imports” (ooOOoo).
Software piracy? Is there any version of MeToo worth more than say…$25 or so?
Judging by the “analysis” in the comments from the vast majority of you (a few notable exceptions), I thank God my kids are in private schools.
@Libelous1:
Where, presumably, the baby jeebus is teaching them to make non-sequiturs too?
Here is a nice copyright v freedom of speech case in Federal Court in Atlanta, called Target Corporation v John Doe, see it at:
http://www.targetfiling.blogspot.com
in brief Doe published the Target Corps security manual which reads in part:
=========================
C. Five Steps for Apprehension
Certified AP team members must observe all five steps prior to making a shoplifter apprehension.
NOTE: If local law enforcement takes independent action and makes an apprehension before all five steps are met, the details must be documented in the CIRS report.
1. Initiation of Observation – The subject must enter the store/area without possession of Target merchandise.
2. Selection – The subject must be observed selecting Target merchandise from the display location.
3. Concealment – The subject must be observed concealing the merchandise, or the AP team member must have NO reasonable doubt based on observations that the merchandise has been concealed by the subject.
NOTE: If the merchandise is not actually concealed, it must be exposed as the subject exits or attempts to exit the store.
4. Maintain Observation – The AP team member must maintain sufficient surveillance of the subject in order to know the location of the merchandise and ensure the subject does not discard the merchandise.
NOTE: A Productive Merchandise Recovery (PMR) shall be attempted if surveillance is broken for any reason, or the AP team member can not maintain sufficient surveillance. (See PMR Directive).
5. Failure to Pay for Merchandise/Exiting the Store -AP team member(s) must observe the subject attempt to exit the store without paying for the merchandise.
NOTE: Some jurisdictions allow variances from the exiting requirement to allow apprehensions of concealed merchandise before an individual reaches the building’s exit. In these cases, the requirements must be documented and approved by the Director or Vice President of Assets Protection using the “Variance from Exiting Form” (found on the AP Zone).
—————–
D. Restroom / Fitting Room Apprehensions
AP team members are not allowed to conduct surveillance or make apprehensions in restroom and/or fitting rooms.
1. AP team members are not allowed to follow subject’s into a restroom or fitting room to conduct surveillance.
2. AP team members shall not ask another team member to enter a fitting room or restroom to conduct surveillance.
—————
B. Searches of Private Residence or Motor Vehicles
1. AP team members will NOT participate in a search of a private residence or motor vehicle.
————–
1. Fleeing Shoplifter
a. If a shoplifter attempts to flee after being confronted, do not give chase in any manner (running, driving, etc.).
b. Store based AP team members shall not use any vehicle to follow or pursue a subject for any reason.
c. AP team members shall not encourage, condone, suggest or ask another Target team member or anyone else to chase a fleeing shoplifter.
—————-
2. AP shall refer for prosecution all individuals apprehended for retail theft when the value of the merchandise is $20.00 or greater and the case meets local prosecution requirements.
NOTE: If a case meets/exceeds the $20.00 referral guideline, but is NOT referred, the reason for non-referral must be included in the CIRS narrative. (Example: Local jurisdiction limits require merchandise in excess of $75.00 in order for prosecution.)
3. A team member witness, of the same gender of the suspected shoplifter , must be present in the room at all times during the detention.
————–
A. Photographing Shoplifters
1. Adult shoplifters – AP shall photograph all adult shoplifters unless prohibited by local statutes or ordinances.
2. Team Member Shoplifters – AP will not photograph any team member apprehended for shoplifting during working or non-working hours.
3. Juvenile Shoplifters – AP will not photograph any juveniles apprehended for shoplifting, unless required by local statutes or ordinances.
Thought crime is double plus bad.
@s00p3rm4n: The proper form for bad is “ungood”. In doublespeak there is no bad. Only good. and its opppsite, Ungood.
I unremembered that. Thank you.