US Dept. of Justice proposes to criminalize "attempted" piracy

US Dept. of Justice proposes to criminalize attempted piracy
The US Department of Justice recently proposed more severe penalties for software copyright violators, including the criminalization of "attempted" piracy and the foregoing of patent registration before prosecution.

The Attorney General, Alberto Gonzalez, submitted the "Intellectual Property Protection Act of 2007" to the US Chamber of Commerce this week. The chamber represent more than 3 million business groups and is the biggest business lobby group in the US.



"These crimes, as we all know, also have a direct impact on our economy, costing victims millions of dollars and, if left unchecked, diminishing entrepreneurship," Gonzales said.

The proposal wants to, among other things, make it a Federal crime to "attempt to commit" criminal copyright infringment.

"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," the proposal states.

An example would be finding a warehouse full of DVDs but the inability to prove that any had been distributed or that there was an intent to sell. With the new proposal, you will be federally charged with "attempted" piracy, even if you had no intent to distribute those discs.

You can read the rest of the proposal here

A couple other interesting parts of note include the government would like to be able to wiretap if they believe you are involved in software piracy as well as upgrade the DMCA to allow the seizing of "property used in copyright violations". Could that mean if you copied a disc at home, the government can take your house?

Source:
TheRegister

Written by: Andre Yoskowitz @ 16 May 2007 16:36
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  • 13 comments

  • fungyo

    So... you buy a couple hundred DVD's / CD's / and some software and decide to back em all up for personal use. They find all these backups and what next? They won't need to prove you had any intention of distributing or selling, which of course you weren't, anyways doesn't matter, you're gone!
    or is it only if you store them in a warehouse?

    16.5.2007 18:12 #1

  • BurningAs

    ok so i probabaly have bet chances to go to store and just steal a cd than DL.....?

    16.5.2007 19:10 #2

  • Jlhfit

    Originally posted by BurningAs:ok so i probabaly have bet chances to go to store and just steal a cd than DL.....?lol....I guess they want you to steal the good ole fashion way.....

    16.5.2007 19:33 #3

  • Smee342

    im not worried why u ask becouse isnt this the same guy who cant recolate a meating that paper work says happend lol im sure he delivered the anti gay and lesbian wedding over instead .


    smeeZus

    17.5.2007 00:30 #4

  • venomX05

    Quote:"These crimes, as we all know, also have a direct impact on our economy, costing victims millions of dollars and, if left unchecked, diminishing entrepreneurship," Gonzales said. How in the HELL is this a victim...last I checked, a victim is within the limits of a crime. I mean come the hell on. How are they victims?

    Jesus, you have got to wonder how these fools sleep at night with focusing on this stuff and yet, more important stuff is going on in the world.

    Definition of the word "victim"

    1. One who is harmed or killed by another: a victim of a mugging.
    2. A living creature slain and offered as a sacrifice during a religious rite.
    3. One who is harmed by or made to suffer from an act, circumstance, agency, or condition: victims of war.
    4. A person who suffers injury, loss, or death as a result of a voluntary undertaking: You are a victim of your own scheming.
    5. A person who is tricked, swindled, or taken advantage of: the victim of a cruel hoax.

    Well, I don't know about you, but it looks pretty self explanatory. Don't see anything in it about dvds, copying, and or businesses.

    17.5.2007 05:33 #5

  • pigfister

    Originally posted by venomX05 :How in the HELL is this a victim...last I checked, a victim is within the limits of a crime. I mean come the hell on. How are they victims?
    They don't care about the individual person you are a terrorist/communist/pirate or whatever scaremonger tag they want to label ppl with if you do not conform, if they did care about the population the "Patriot Act" would never have been allowed to destroy your rights.

    media, drugs, oil and gold are what keeps the us economy afloat, they will pour more resources into anything that threatens these, and pirating including, the 3rd world generic drugs violations, that has put countries on this years piracy watch list because a $ means more than a human life.

    if you think about pirating or use msn messenger and say i'm going to copy/pirate this you can be arrested and tried under the new world order that is America, because they are listening to you right now, with the new internet snooping "The Communications Assistance for Law Enforcement Act" i'd start concealing all communications as its all being read by the cia and fbi, a good start is tor as you can browse the web, collect you email, post in forums all anonymously. http://tor.eff.org/

    The case of Hew Griffiths and the reach of US jurisdiction
    Originally posted by link: Hew Griffiths has been in prison here for nearly three years for allegedly breaching US copyright law. He has been charged by a grand jury in the US, but the offences alleged against him have never been tested, and the Australian Government has refused to resist an American demand to “surrender” him to face trial before the US District Court in Virginia.

    Griffiths was born in England and has lived in Australia from the age of 7. His crime was breaching US copyright law via software piracy. The trouble is that Griffiths has never set foot in the US. He has lived all his life in Australia on the NSW Central Coast. He has been in custody for the past three years (he is 44 now) awaiting moves to extradite him to the US.

    17.5.2007 08:40 #6

  • borhan9

    So wat happens here does that mean if i have blank CD's and DVD's and a burner i am atempting to break the law??

    17.5.2007 19:17 #7

  • dexter413

    They want to stop software piracy OK but have they ever thought about the prices they charge to buy the sofware.Each year you need an update and still have to pay the same high price.It's always the greedy companys that are always crying about losing money.Not the little guy

    19.5.2007 07:15 #8

  • Unfocused

    So buying a 100 pack of DVD's or CD's could be classified as "intent" to distribute? What constitutes "normal" use, buying a ten pack? This is getting crazy. One by one, we the people have no rights.

    Next they will be playing subliminal signals after the movies to erase the images from your mind so that you must pay again for viewing content.

    19.5.2007 07:57 #9

  • RNR1995

    How do you get charged with breaking US copyright law,
    and never been in the USA?
    That is amazing!
    USA laws apply in Australia?
    How is that possible?
    OMG I guess if they want you they will get you.....
    whoever they are....

    19.5.2007 07:59 #10

  • pigfister

    This is the best video on YouTube that explains the flawed copywrite law.

    you tube link A Fair(y) Use Tale: http://www.youtube.com/watch?v=CJn_jC4FNDo


    Quote: http://blog.wired.com/business/2007/05/hijacked_disney.html


    Hijacked Disney Characters Explain Copyright

    Picture_5
    Disney lawyers' heads must be spinning over this one. A movie posted on Stanford University's site called "A Fair(y) Use Tale" mashes up all your Disney favorites to humorously and effectively explain copyright law. The ten minute movie, directed by Eric Faden, came out of Stanford University's Fair Use Project Documentary Film Program. Stanford's Fair Use Project--to which Stanford Law professor, Copyright guru, Creative Commons advocate and Wired writer Lawrence Lessig contributes--was founded last year to "support to a range of projects designed to clarify, and extend, the boundaries of fair use in order to enhance creative freedom." And, well, the movie is damn sure creative, and certainly seems to take the boundaries of fair use about as far as they can go.

    19.5.2007 08:53 #11

  • Sontiago

    Ok ... So it's not enough that our jails are filled with 55 percent of people that are simply drug abusers, now we want to fill the other 45 percent with people who copy dvds? Can anyone say stupid? And who's going to pay for all these criminals added to the system? GOD when will it all stop?

    19.5.2007 09:18 #12

  • TRAVELMGR

    I know I may be "preaching" to the choir, but as we all know, it is about nothing more than MONEY. History, in this country alone, supports the fact that the big guys make it, rake it[in], and don't want anyone to take it[any of it if it is possible] from them.
    On the audio side, as I recall, the cost, years ago of DAT and later CD's, and in Video, DVD's, for example were sold, in sales philosophy, as needing to pay for all the so called R&D, promotions,startup etc and ad nauseum. When those costs were recouped , the prices, paid by the public, were supposed to eventually drop. Did it, really? It reminds of a toll bridge. The cost has been paid for by the public, but the public continues to pay....because it can be done. Why shut down a money maker like these or the Income Tax, for that matter. I don't think many responsible, lawabiding people "cheat", "pirate" or go about deliberately breaking the law, in an unconscionable(excuse the possible spelling error) fashion. I think people, since the Boston Tea Party, rail against outright greed (and mismanagement of the collected money[when it comes to Government]) and not the opportunity to make money. As we,The People, who are also consumers, do not have the resources(money and lawyers and the monetary ability to make laws as it suits our needs and greed)and the organization, rebellion may manifest itself in other forms, i.e. pirating. As a law abiding, taxpaying Vietnam era vetern, it may not be legally correct but there is no Legislation in place to impose a higher standard of morality on these people or our govenmental leaders. It is just my opinion, but as all these folks get ticked off with our continued "responses" to their actions, ways will be found to [further]limit our ability to speak and share ideas openly, move about freely without restriction. To me folks, this is like a boxing match with the "other guy" keeping that jab in our face, we are on the defense, to distracted to see that we are getting set up for the "knock out" punch. With this global economy of ours, as you can see, anyone can be potentially corralled/jailed from anywhere. There are bigger more important things afoot than pirating/copyright. If we stay on the defensive, sweating the small stuff we all could blow it no matter where we live. I am not advocating armed violent rebellion of but there must be a proactive way to rebel locally and globally. The sky isn't falling , but doors are slowly closing to us. But, this is all just my opinion. And you know what is said about opinions, "they are like a--holes, everybody has one".

    27.5.2007 02:33 #13

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