Stiffer penalties for pirates on the way

Wed May 7, 2008 7:23PM EDT

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New legislation which toughen penalties for software piracy (including music, movies, and computer programs) passed a big test in the House recently. The House of Representatives Judiciary Committee approved the new propsal known as the Prioritizing Resources and Organization for Intellectual Property (Pro-IP) Act, sending it to the floor of the House for debate and a vote. (That debate has already been underway this week.)

Pro-IP steps up penalties for piracy and is designed largely to fight large-scale counterfeiting operations. While the proposal has had one controversial new fine schedule removed from its text, other penalties have been increased, specifically calling for treble damages for counterfeiters and upgrading the rights of feds to seize property from violators convicted of IP infringement, though that property would have to be proven that it was "substantially connected" to the crime. Additional rules would appoint IP "attaches" to various embassies to aid the Justice Department in its prosecution of overseas infringers. The full Bill runs 68 pages if you'd like to check it out.

Naturally, concerns over the potential abuse of Pro-IP are rising, as observers worry that it could be applied liberally against people accused of small-scale copyright violation, as with the suits the RIAA has brought against individuals in the last few years. Since so few of those suits have resulted in guilty verdicts (only one that I'm aware of), the feeling from some is that stepping up penalties against infringers may be a bit premature. 

Copyright owners are, of course, excited to see penalties increase, even though, with civil damages already set at up to $150,000 per song, they're through the roof as it is.

Up next: More debate in the House, then presumably a full vote. If it passes, it's on to the Senate.

Comments on Stiffer penalties for pirates on the way

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  • 1 Posted by michael_swaney on Wed May 7, 2008 9:18PM EDT Report Abuse

    once again the government is sticking its nose into something that should be a civil matter. This bill will only be used by the likes of the RIAA to prosecute individuals instead of the large scale pirater. So in the end an individual prosecuted under the Pro-IP act will pay a fine of 150,000 dollars for pirating an .88 cent song from Itunes or walmart. Another sad day for the American public and their right to privacy.

  • 2 Posted by rogueist on Wed May 7, 2008 10:19PM EDT Report Abuse

    Um, a HUGE point is missed here... this new legislation makes it illegal to import and export LEGALLY MADE WORKS as well as pirated works without a contract with the copyright owners. In other words, you cant import a DVD with alternate region encoding, and you cant export a DVD with Region 1 encoding, nor can you ship within the US those items, unless you have a specific agreement in place with the copyright holders. In other words - ANY MOVEMENT OF ANY COPYRIGHTED WORK MUST BE APPROVED BY THE COPYRIGHT OWNER FIRST - REGARDLESS IF THE WORK WAS LEGALLY MADE AND OBTAINED OR NOT. A secondary side effect of this is if the copyright owners decide to do so, they can give legal permission for someone to sell pirated copies. This legislation was really truly ill-conceived and is rife with loopholes as well as statues that make this into a smackdown against the joe average consumer within the US, and extends extra-legal rights to US officials overseas, allowing them to wholesale kidnap and extradite against their wishes foreign individuals to the US to face charges of piracy. How this piece of garbage has passed the House so far is beyond me. But people should protest to their senators to kill this bill before it becomes law, because once it does, just putting your songs on your iPod and walking with it makes you a federal criminal guilty under these new provisions.

  • 4 Posted by somebodys_here on Sun May 11, 2008 1:53AM EDT Report Abuse

    Ditto with 3... (posted while listening to a live bootleg of a Buckethead concert). There's a lot of stuff on the internet that you can't find anywhere retail - like the concert I just mentioned. Too bad, too. I'd pay for it.

  • 5 Posted by g_tagni on Tue May 13, 2008 7:47AM EDT Report Abuse

    just a quick question to ALL those people out there that are against this kind of laws/penalties and like the idea of "open-everything". What wuld you do if you sell potatoes and everyone gets the potattoes for free instead of paying you for those? Would you like to make some money out of sailing potatoes? or, would u like to follow the open-potato idea? just sth that everyone should think before giving their opinions on this issue.

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