Pirate Act makes yet another appearance in the U.S. Senate

Pirate Act makes yet another appearance in the U.S. Senate
U.S. lawmakers are once again trying to get the Department of Justice to take up the case of corporate copyright holders. It seems that Senators Patrick Leahy and John Cornyn apparently are concerned that big corporations don't get enough copyright protection from the law, and feel it's in the country's best interest to assign FBI agents and U.S. Department of Justice (DOJ) prosecutors to handle civil litigation for them.

The new bill sponsored by the two Senators is similar to one that's been approved by the Senate 3 times since 2004, and which has been a target for a great deal of criticism from conumer rights groups. The bill would create a special team of FBI agents to investigate copyright infringement cases, as well as allowing for forfeiture of "any property used, or intended to be used, in any manner or part to commit or facilitate the commission" of certain intellectual property offenses.



In the past, Leahy has said that supports the so-called Pirate Act because "Federal prosecutors have been hindered in their pursuit of pirates by the fact that they were Limited to bringing criminal charges with high burdens of proof." In other words, he doesn't want Federal prosecuters hindered by that pesky "reasonable doubt" provision in U.S. criminal law, and would like them to start operating under the much loser "preponderance of evidence," which only requires that juries in civil cases be reasonably sure of their conclusions.

Source: Cnet News

Written by: Rich Fiscus @ 10 Nov 2007 16:09
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  • 39 comments

  • navi1199

    Here go ahead lets see you guys stamp a copyright on my toilet and make me pay 25 cents every time i want to take a bleep, and if i flush without paying am a pirate!

    10.11.2007 16:23 #1

  • shummyr

    i love books about pirates So i guess im a pirate 2 Like in Pirates of The Carribean

    10.11.2007 16:47 #2

  • xhardc0re

    Quote:Federal prosecutors have been hindered in their pursuit of pirates by the fact that they were Limited to bringing criminal charges with high burdens of proof.
    So will the U.S. courts change to a guilty, must prove yourself innocent scheme? Isn't this 100% AGAINST THE U.S. CONSTITUTION!? WTF!!!

    10.11.2007 17:10 #3

  • ZippyDSM

    Quote:Quote:Federal prosecutors have been hindered in their pursuit of pirates by the fact that they were Limited to bringing criminal charges with high burdens of proof.
    So will the U.S. courts change to a guilty, must prove yourself innocent scheme? Isn't this 100% AGAINST THE U.S. CONSTITUTION!? WTF!!!    Neo cons and neo dims ignore the constitution in order to help their freinds/masters

    10.11.2007 17:57 #4

  • LOCOENG

    navi1199

    second and last warning watch the language.

    10.11.2007 17:57 #5

  • vinny13

    Land of the Free ;P

    10.11.2007 17:59 #6

  • Tecbot

    hmm hopefully thats only the states...country has been going downhill lately. Who does this benefit...big companies only, bills passed nowadays are for big companies now not the little guy anymore. Noting that the extra fbi agents working on this junk instead of actual problems is costing the little guy even more $$$ thats pretty sad.

    Other countries there just lowering prices of material here there trying to fine and throw people in jail...what is it land of the free...hmmm

    10.11.2007 18:36 #7

  • spydah

    This kinda crap is topical since re-election time is soon coming around the corner. Somebody is looking for some good PR to make a name for their selves. Plus im certain there is quite a few bribes and back end money being passed around to make things work in certain folks favors. Since piracy is a good distraction for those who dont understand it or support what its really about this will continue to happen. Just pay attention to the politician ads when election is near and listen to whose promising what.

    10.11.2007 19:56 #8

  • BoSoxs07

    I guess im a pirate then because i own a dvd burner.....lol what a joke & waste of government money.I can't wait til the 09 Pres election get here its time for a change.

    10.11.2007 21:10 #9

  • cousinkix

    Asset forfeiture laws is too much punishment for corporate Amerika. They don't lose their businesses, for hiring illegal aliens and cheating on Social Security taxes. Harsh treatment is just for the little people.

    Meanwhile, we elected diciples of the GRATEFUL DEAD to run our House and Senate Judiciary Committeees that handle both copyright and the drug laws. Jerry Garcia died in 1995. Patrick Leahy is on NIGHTLINE flashing his pirated concert tapes in front of Ted Koppel. No complaints from the RIAA; cuz they don't care if a corrupt politician steals their music.

    Leahy and his DeadHead friends continue with Reagan's 25 year old war on drugs and Bush's military adventures in Iraq. Change is just more of the same BS...

    10.11.2007 22:43 #10

  • AXT

    Once again corrupt congressman pleasing their corporate masters.

    11.11.2007 02:45 #11

  • reuven25

    I think we should counter attack, by challenging whether there is a copyright protection on material that is no longer cataloged,and which the firms refuse to supply. I am talking about older material,which is no longer on sale,and the firms cannot supply because the glass molds of the CD's and DVD's have been destroyed. There are many older films and music on torrent sites that cannot be obtained from the "copyright" owners. In Canada it is legal to download, because there is a tax on recordable material; tapes,CD's,DVD's.But the companies are threatening the torrent sites and their providers,by saying the law doesn't cover "uploading" copyright material.Which is nonsense,because there is no such thing as uploading involved or even possible. A torrent gives a person a license to read your HD and copy a particular file.Every body who downloads that file ,in turn gives other people to download from their computer.I am surprised that the people in Canada stand the threats against their lawful right to download material.Are they wimps?

    11.11.2007 04:20 #12

  • popol24

    Just come to Australia ;)

    11.11.2007 07:33 #13

  • ali2007

    wee i am pirate

    11.11.2007 08:52 #14

  • Donuts

    This article should read:
    The recording industry mafia have some "friends" in the senate who are once again trying to push through some legistlation that will benefit the recording industry mafia and could potentially seriously disadvantage the average citizen.

    11.11.2007 15:16 #15

  • 7thsinger

    Quote:In other words, he doesn't want Federal prosecuters hindered by that pesky "reasonable doubt" provision in U.S. criminal law, and would like them to start operating under the much loser "preponderance of evidence," which only requires that juries in civil cases be reasonably sure of their conclusions.
    "Pesky" resonable doubt.

    "Reasonably sure of their conclusions"

    Translation - little to no evidence or proof could mean conviction. Wow...someone's got some heavy swinging friends for the lawmakers to consider something that loosely based.

    12.11.2007 08:29 #16

  • ZippyDSM

    popol24
    with the ban on films and games thos in power do not like and a few other things its no better than the US 0-o

    12.11.2007 08:40 #17

  • rosedog

    Originally posted by BoSoxs07: I can't wait til the 09 Pres election get here its time for a change.Saying something as dumb as that just makes you sound that much more uninformed. This is not a Bush agenda, quit trying to make it one. Read up, get informed.

    12.11.2007 12:08 #18

  • ZippyDSM

    Quote:Originally posted by BoSoxs07: I can't wait til the 09 Pres election get here its time for a change.Saying something as dumb as that just makes you sound that much more uninformed. This is not a Bush agenda, quit trying to make it one. Read up, get informed.if they get the voting machines in in time, there will be a "change" all right.... LOL

    12.11.2007 13:31 #19

  • 7thsinger

    Originally posted by rosedog: Originally posted by BoSoxs07: I can't wait til the 09 Pres election get here its time for a change.Saying something as dumb as that just makes you sound that much more uninformed. This is not a Bush agenda, quit trying to make it one. Read up, get informed.Agree with rosedog on this. This has nothing to do with the current administration. This is a media maffia (that's for you zippy) issue trying to expand their reign over the digital era.

    And Shepards we shall be...

    12.11.2007 13:42 #20

  • ZippyDSM

    Originally posted by 7thsinger: Originally posted by rosedog: Originally posted by BoSoxs07: I can't wait til the 09 Pres election get here its time for a change.Saying something as dumb as that just makes you sound that much more uninformed. This is not a Bush agenda, quit trying to make it one. Read up, get informed.Agree with rosedog on this. This has nothing to do with the current administration. This is a media maffia (that's for you zippy) issue trying to expand their reign over the digital era.:P

    When the media indutry gets back to 20-30 years for CP/IP protections I wills top calling them that.

    For all the console/game fanboys out their.
    http://www.escapistmagazine.com/articles...Console-Rundown
    Oh god I can't stop laughing!!!

    12.11.2007 13:45 #21

  • DXR88

    Think of the president as a sophiticated pillow with the ability of an 8 ball furtune thingys.

    he takes the blow of average people concerns and sends it to the bill makers then they check too see what bills to pass.

    the thing is, bush only cares about strengthing america's powerhouse companies.

    We need a peoples person one that has busted there behind and pored sweat and blood in there job.

    however when you get Rich Jerks that dont care about the people you get bush

    12.11.2007 14:02 #22

  • 7thsinger

    Originally posted by DXR88: Think of the president as a sophiticated pillow with the ability of an 8 ball furtune thingys.

    he takes the blow of average people concerns and sends it to the bill makers then they check too see what bills to pass.

    the thing is, bush only cares about strengthing america's powerhouse companies.

    We need a peoples person one that has busted there behind and pored sweat and blood in there job.

    however when you get Rich Jerks that dont care about the people you get bush    Again, i'm not sure how Bush keeps being brought up as he has nothing to do with this thread.

    Quote:It seems that Senators Patrick Leahy and John Cornyn apparently are concerned that big corporations don't get enough copyright protection from the law, Those are the big-wigs in question.

    12.11.2007 14:32 #23

  • DXR88

    I know, it was a was a quick thought nothing more nothing less,
    as long as im not the first.

    anyway expect things to get a lot worse in the near future.

    your only free in this county if you can afford it. or you offical Govt. property. your SS number they used to track you since you infaint day does not count that unoffical Govt. property

    12.11.2007 14:56 #24

  • area_51

    I know what will fix everybodys problem! Stop downloading COPYRIGHTED movies and music off the net, and stop buying dvds, cds, games, and going 2 the theater. Open a savings account and take that money and put it back. Otherwise, stop your b****ing because as long as you are consuming you are a slave! You are giving away money which is power!

    13.11.2007 04:14 #25

  • ZippyDSM

    Originally posted by area_51: I know what will fix everybodys problem. Stop downloading movies and music of the net and don't buy any cds or dvds. Also stop going 2 the theater!Not a option, I'll cherry pick what gets my time thank you ^^

    13.11.2007 04:20 #26

  • ZippyDSM

    Originally posted by area_51: I know what will fix everybodys problem! Stop downloading COPYRIGHTED movies and music off the net, and stop buying dvds, cds, games, and going 2 the theater. Open a savings account and take that money and put it back. Otherwise, stop your b****ing because as long as you are consuming you are a slave! You are giving away money which is power!no thanks I only give money to used markets and my ISP ^^

    13.11.2007 12:07 #27

  • pryme_H

    This is interesting! Even the Justice Department didn't want to be involed in this tight spot. I wonder what's in it for these two fine lawmakers.
    Quote:Even folks in the Justice Department thought it was a bad idea, as they had no desire to be Hollywood's private enforcement arm.
    And here is the link.

    15.11.2007 12:14 #28

  • Mez

    area_51 your solution although effective if everyone on the planet didn't buy anything, isn't for everyone. I guess we could all go off into the woods and live like we did 10,000 years ago. Personally, I like to live the way I do.

    The law will... Source: CNET
    Quote:This legislation is a simple bill that would give the Department of Justice the authority to prosecute copyright violations as civil wrongs," Leahy said. If passed, the US Attorney General could bring civil suits against anyone caught downloading copyrighted material; criminal charges would not be allowed. The new draft also apportions a hefty chunk of cash for FBI and Justice Department investigations. The government will take over for the media mafia. It will be kinda like the patriot act except against pirates. They will get the FBI, CIA and NSA to bug the entire phones monitor the email and anything else they need to rid the USA of pirates. It would be different if the copyright laws befitted the public but they only benefit the media mafia. The MM claims they are doing it ‘for the artists'. Historically they treat the artists like the do the pirates. These guys raped the early artists getting them to sign contracts with no percentage rights, just a few bucks up front. Then they collect on their work for a century. Recently, the artists wanted a piece of the pie and the MM told them to pound sand! Now they are on strike. They sued John Fogerty because he was writing music that sounded like he wrote the music under their label. They claimed he was hurting their sales. Oh yes, these guys are the defenders of the artists!

    Unlike area_51 who wants to hide, I would prefer to kick those bastards and their lackies in the balls! If this is not abuse of the federal government, I don't know what is. The government might spend $100 to save the media mafia a $1 in sales. That does not make business sense that is why they paid some whores to do their bidding and get the government to do thier work. The last time this came up 2005, again the year before elections, what a coincidence!

    If you want to be patriotic write the honorable congressmen in the Judiciary committee. They are up for re-election and you can be sure the media mafia has contributed to their re-election campaign.

    These sites will help if you wish to rattle some cages!
    http://judiciary.house.gov/CommitteeMembership.aspx
    http://www.govtrack.us/congress/findyourreps.xpd
    http://www.whitepages.com/person
    http://www.house.gov/writerep/

    16.11.2007 07:46 #29

  • procode

    Quote:Pressing for a change to the Law, Leahy has said that, "...... they were Limited to bringing criminal charges with high burdens of proof."His point is quite understandable, nobody wants the fact that they have no []proof[/b], to get in the way of a good conviction .. :D

    Finding offenders could become (a lot) easier (just open the Police Station doors, and grab the first ten/twenty/ whatever, passing by), and the convictions could go through the roof ..

    Only in American eh M8s .. lol

    Procode ..

    16.11.2007 08:15 #30

  • Mez

    Oh, this may be part of the impetus behind this possible law. Warner Music stock was down-graded to a sell this month. Not only do they have the pirate problem but what really has the market scared is that some of the artists are dropping the media mafia and selling their own music. Some how, they did not buy the report from Warner Music that the move was an abysmal failure. The average sale price per album sold by voluntary payment was way less than what a CD would sell for in a store. But because they keep most of the profit, Radiohead made more not less money on the sales. It is a no-brainer that more big name artists will follow Radiohead and Madonna’s lead. They can take the high road and make money at the same time.

    If you sell the quality music for a fair price people will buy it.

    16.11.2007 11:27 #31

  • wetsparks

    The Mafiaa must really be getting desperate to by off a Texas and a Vermont Senator now. All the Congressman and Senators from California can't get the job done for them so they have to go outside the state. What is suprising to me though is that the Vermont dude is a democrat while the other is a republican, mark this on your calender folks, someone from both parties working together, now we just need to get them working together on something worthwhile.

    16.11.2007 16:19 #32

  • madman91

    :)

    I can't wait until we win. It will be even funnier considering the fact they have tried so hard to stop it from happening.

    (i am pro-kill riaa, in case my post did not reflect so)

    16.11.2007 21:13 #33

  • area_51

    There is nothing wrong with living in the shadows. :)

    17.11.2007 14:38 #34

  • TRAVELMGR

    ["They will get the FBI, CIA and NSA to bug the entire phones monitor the email and anything else they need to rid the USA of pirates."- MEZ]Is it just paranoia on my part, but when I saw that sentence from MEZ, if this has not been said or thought of before, here, it seems that what is going on is one more way to monitor communications of private citizens without any protocols or restrictions in place. Our rights freedoms and privileges are in serious erosion and it seems to be a hell of lot bigger than the ripping/burning/"pirating" that is being used for the cause of war of sorts on the private tax paying citizen. The Governnment is not wasting, but is using our money AGAINST us in what appears to me to restriction and containment....restriction of open, free unmonitored commuication[exchange of information and dialogue which could include among other things the government's performance or lack of performance for legal taxpaying people and their dependents].. containment, restrict mobility(via higher fuel costs) of the population[not just traveling to see "Aunt May" or the Grand Canyon, but maybe to prevent significant amounts of people(i.e. Kings I got dream speech in front of the Lincoln Memorial) from physically appearing at the doorsteps of politicians. If food, fuel and housing continue to be a problem, for us the general populus, we will be to busy fighting and stealing from each other(remember the Gas Shortage about 25-30 years ago?) to notice or deal with local, state and federal governments stealing and double dealing our society away. I don't care where you live, watch how taxes keep increasing, but the revenue isn't being used for the targeted purpose, but watch in the meantime how politicians are directly and indirectly lining their pockets while your pockets and wallets are becoming leaner. The L.A. City Council voted itself a retroactive June payraise increases from a low of $170K to $200k per year. Revenues are down, there are fiscal problems aplenty and they voted and took the money. In previous years, L.A. city was getting revenues from an illegal phone tax. Now they are trying to b.s. the voters with another revenue gainer for ballot...and I don't live in Los Angeles. I ask forgiveness of this forum for my apparent ramblings, but if "piracy" was the only problem we have, then we really would not have any problems. But I am tired of us taxpayers being held accountable,blamed or lied to(depending on the subject)about; fuel guzzling vehicles, "Jobs that Americans Won't Do"(Bush finally quit repeating that lie as much)the Ozone, Global Warming, need of taxpayer financing to oil companies for research. Have you payed attention to how much food, grain, medicine and herbal production is being produced outside the U.S. and the lack of quality control on said items? But if you make candles, come out with a water recyling system or manufacture some type of consumer goods in your garage you better have governmental approval or you are trouble. To quote a leader of band of bad guys in an old movie, just before descending on a peaceful, idyllic town: "If they weren't meant to be sheep, they would not have been meant to be shorn". Hmmmmm!

    18.11.2007 05:01 #35

  • Mez

    TRAVELMGR, I was a little toung & cheek about the CIA and NSA but I would guess the optimum law would monitor all sources of communication. The law makers are already talking about defining privacy for the patriot act. They want to collect information from all types of communication. The problem is, serious wrong doers will not be sending their plans in an email or on the phone. We are just giving up our privacy for nothing.

    The targets of the anti-piracy have been mostly parents who have provided their children a computer and internet access to help educate them. Their crime is not being computer savy enough to monitor what applications are on the computer and recognise when one of over a dozen P2P software packages are on the computer.

    The law makers should spend their time trying to help our nation before it goes down the tubes. Most of this downward trend has been created by them making bad laws because some special interest group paid them to pass the law. On average, our cars use more gas than they did in the 1980s. The US is getting so weak that the Euro will become the new world currency. Still our law makers are doing business as usual.

    I hope you wrote our senator to give him a blast.

    20.11.2007 09:32 #36

  • borhan9

    this will go back and forth and many changes will be made before anything substantional happens.

    1.12.2007 17:51 #37

  • rrsvt

    Today is 013108mst 88045USA and the website in issue has ceased download and directs to its purchase. I looked around for it at the Legislature Law Forum, and found nothing.

    31.1.2008 15:40 #38

  • Mez

    rrsvt, the radiohead giveaway only lasted a month or two. The full stats are in. Even though the music industry claimed the sale/giveaway was a disaster, radiohead claimed they averaged $6 per almum and kept nearly all that money. The sale of that CD during the year sold more CDs than any other. I am sure the industry would have loved to have a disaster like that.

    Our liberties are being fought for as I write! Bush wanted to cram a bill through the senate that would abolish privacy rights for US citizens. Warrents would have been a thing of the past except for a physical search. He was able to ram it past the house but the senate got lots of nasty grams an figured it was safe to hold the line.

    1.2.2008 07:24 #39

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