[NetBehaviour] Gonzales proposes new crime: 'Attempted' copyright infringement.
marc
marc.garrett at furtherfield.org
Wed May 16 11:07:55 CEST 2007
Gonzales proposes new crime: 'Attempted' copyright infringement.
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.
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.
more...
http://news.com.com/8301-10784_3-9719339-7.html
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