Copyright Infringers Could Face Double Criminal Penalities

Tue Jul 31, 2007 1:13PM EDT

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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 

Comments on Copyright Infringers Could Face Double Criminal Penalities

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  • 1 Posted by ssnick35 on Thu Sep 3, 2009 9:38PM EDT Report Abuse

    I have an idea, how about instead of making and trying to pass a law that prosecutes someone that is burning, but not distributing DVDs or CDs, they make and pass a law that prosecutes drug companies and doctors that are enabeling "pill" (i.e. Xanex, Loracet, Somas) addicts to doctor hop in Texas. No, Drug lobbyist pay off these politicians so that a law does not get passed, and then the doctors pass out the drugs and make money. Just like these "copyright lobbyists" are paying off this senator to push a law. Lets get our priorities straight. Please. Sorry, I work in a profession that is dealing with the "pill problem". I don't think citizens should be prosecuted unless they are actually trying to distribute the copied materials. So, like you said Chris, thanks "steve-o". Go where the money is at.

  • 2 Posted by rogueist on Thu Sep 3, 2009 8:49PM EDT Report Abuse

    Mmm, time to vote that person out of office! I am sure that as soon as it "passes" there will be a legal challenge to it, and it will also be forced out as un-constitutional, just like the other one.

  • 3 Posted by ejbays2 on Thu Sep 3, 2009 3:52PM EDT Report Abuse

    Our politicians should get their heads out of the clouds and worry about bigger issues that effect our country. The cost of medical, medication, afforded housing, and fair wages so all Americans can live a better life. To much time is spent on little mundane issues. We elect our officials to vote for improvements but how many really are repersenting our needs. I personaly feel that the lower class is treated unjustly. I also have worked in the education and medical fields and agree with "ssnick35 and chris". Our politicains have gotten to the point, that whichever lobbyist group pays or adds to their so called war chest gets their vote. I would like to see "any" of our politicains try to live on a set low income as our seniors do for 2 months. It sure didn't take them a long time to vote and pass the medicare part/D medication bill. Which is nothing but a big joke. All it did was to add another bill to the high cost of medical care. I am a big movie fan who purchases alot of dvd's and do agree that anyone who copies for the intent of resale/profit should be prosecuted.

  • 4 Posted by agustin2489 on Thu Sep 3, 2009 2:47PM EDT Report Abuse

    I'm starting to think that lobbyists will be the end of all that we cherish in this nation. Even though this rather weakly relates with the article above, it does embody a good number of 'wrongs' that are happening in the U.S.

  • 5 Posted by sheelah_n on Thu Sep 3, 2009 9:18PM EDT Report Abuse

    Its amazing that lobbyist can continue to push to get laws passed that only help major corporations and the filthy rich. There are so many more concerns out there than if someone copies their friend's DVD and the billion dollar industry doesnt get their share. Dont make the technology possible to do so then. I realize the focus is on the Big Bootleggers but the politicians only care because someone else is paying them to care. How about REAL issues like medicare and social security and our failing schools and polluted environment.

  • 6 Posted by mich_ed@sbcglobal.net on Thu Sep 3, 2009 7:18PM EDT Report Abuse

    ISSUE IS WE AS AMERICANS VOTE ON THE PEOPLE HERE FOR WHAT IS GOOD AND DANDY HAND SHAKE MILITARY PEOPLE HAVE VOTED IN THERE BEST bush AND GOT WHAT THEY RECEIVED WE NEED HELP IN HOUSING WORK COMP ECT...ECT... VOTE DEMOCRATIC!

  • 7 Posted by magicalwiccanwoman on Thu Sep 3, 2009 7:03PM EDT Report Abuse

    QUOTE: How about REAL issues like medicare and social security and our failing schools and polluted environment. RESPONSE: I couldn't agree more! And to make it just as criminal on the possibility that you *might* do something to break the law? GEEEZ, give me a break! Wasn't there a movie based on that kind of concept (Minority Report, wasn't it?)? I agree, there are far more important issues that copyright infringement and the possibility that you *might* download a song off of a program like Limewire or Kazaa. It really is about the almighty dollar and who can get more, instead of it being about the people of this country. Quite sad indeed.

  • 8 Posted by commorancy on Thu Sep 3, 2009 3:28PM EDT Report Abuse

    The only thing this 'attempted infringement' bill is likely to do is further alienate and reduce sales of the already sagging entertainment and music industry. Way to go RIAA, let's just hammer one more nail in the coffin.

  • 9 Posted by starlightblue1982 on Thu Sep 3, 2009 9:39PM EDT Report Abuse

    the only reason you guys are threatening people is because you want your money for the product. you guys are already rich. and if u do really prosecute, why not think of more important things in this life like presecuting people who are killing people for example. why don't you prosecute the companies who make dvd burners . get this sony makes blank dvd disks.. they are practically telling you to burn dvds so u will buy their blank dvd products. they are still getting money either way . their excuse for making them is people are putting their video cam home movies onto dvd disks.. no way.. ya someone has 100 videos to put onto disk? i dont think so. sony started making blank dvd disks... so if the products are out there to use, then we will use them. if the dvd burners and disks were never made, then this wouldnt have happened. dont blame the consumers. u guys obviously want us to purchase your computers with dvd burners and blank media. shut it. if u don't want us to burn dvds instead of spending too much for an original dvd in the first place that can get ruined so easily by someone's filthy fingerprints, then why are you selling High def dvd burners for $1,000.00 ??

  • 10 Posted by ducklost73 on Thu Sep 3, 2009 3:49PM EDT Report Abuse

    Honestly everyone has had good opinions here, I like what I see. Personally I am going to blog this story and have people shoot a note to the reps of their area. I would love to see more time and effort put into things like healthcare, true crime, oversight on corporate entities. Look for the little guy who in the end is who these Goverment officials we nominate are supposed to represent. Amazingly it will continue and sadly the majority allow it to happen to often, we are busy individuals but one a week raising your voice should not be this hard. Nor should it fall on deaf ears as it seems to now. Fair prices, fair practices, fair treatment of those that are being smashed into a grinding dust.

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