Copyright Infringers Could Face Double Criminal Penalities

While RIAA civil lawsuits get all the press, what with their multi-thousand dollar damage claims, it's important to remember that copyright infringement is often actually a criminal matter as well, meaning you can go to prison for many violations. And, if HR 3155 passes, you scofflaws will be spending twice as much time behind bars.

The good news is that most copyright infringement cases are still a civil matter, as you have to be infringing for "commercial advantage or private financial gain" to be considered a criminal matter; the clause normally applies only to large-scale piracy operations like the guys who smuggle camcorders into movies then sell DVDs on the street, especially overseas. The new bill doesn't push much in the way of additional violations into the criminal space, but it does double the penalties for everything that is already considered criminal.

It does, however, open up a new can of worms in the form of something called "attempted infringement," a revival of a failed 2004 initiative to tighten the reins on the use of pirated software and bootlegged music and movies. The jist is that if you even attempt to do something illegal (but don't actually do it), you can still be held liable for the exact same penalties as if you had. How might this be interpreted? It's unclear, but it could turn simply searching for a song title on Limewire or installing a DVD ripping application on your computer into a crime.

HR 3155 is still in the early stages, having just been introduced by Ohio rep Steve Chabot to the House. (Gee, thanks, Steve-o!) That means the road to law is still a long one, but it's certainly something that represents a strong possibility. Be warned.

LINK: "Attempted infringement" appears in new House intellectual property bill