Senate OKs antipiracy plan

[R. A. Hettinga]

<http://news.com.com/2102-1027_3-5248333.html?tag=st.util.print>

CNET News
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 Senate OKs antipiracy plan

 By  Declan McCullagh
 Staff Writer, CNET News.com
 http://news.com.com/2100-1027-5248333.html

 Story last modified June 25, 2004, 2:09 PM PDT


The U.S. Senate on Friday overwhelmingly approved a controversial proposal
that would let federal prosecutors file civil lawsuits against suspected
copyright infringers, with fines reaching tens or even hundreds of
thousands of dollars.

The so-called Pirate Act has raised alarms among copyright lawyers and
lobbyists for peer-to-peer companies, who have been eyeing the recording
industry's lawsuits against thousands of peer-to-peer users with
trepidation. They worry that the Department of Justice could be even more
ambitious.

 Senate leaders scheduled Friday's vote under a procedure that required the
unanimous consent of all members present. Now the Pirate Act, along with a
related bill that criminalizes using camcorders in movie theaters, will be
forwarded to the House of Representatives for approval.

 "These acts will provide federal prosecutors with the flexibility and
discretion to bring copyright infringement cases that best correspond to
the nature of the crime and will assure that valuable works that are
pirated before their public release date are protected," said Mitch
Bainwol, chairman of the Recording Industry Association of America.
Counting a new round of lawsuits filed this week, the RIAA has sued 3,429
people so far.

 Friday's unanimous vote represents a key legislative victory for the
entertainment industry, which has been lobbying fiercely for ways to halt
the ever-growing popularity of file-swapping networks. Their reasoning: If
civil lawsuits brought by the music industry haven't been enough of a
deterrence, perhaps federal suits brought by the Justice Department will be.

 One influential backer of the Pirate Act has been urging an avalanche of
civil suits. "Tens of thousands of continuing civil enforcement actions
might be needed to generate the necessary deterrence," Sen. Orrin Hatch, a
Utah Republican, said when announcing his support for the bill. "I doubt
that any nongovernmental organization has the resources or moral authority
to pursue such a campaign."

 "This turns the Department of Justice into a civil law firm for the
industry's benefit," said Adam Eisgrau, the executive director of P2P
United. Its members include BearShare, Blubster, Grokster, Morpehus and
eDonkey.


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R. A. Hettinga <mailto: rah at ibuc.com>
The Internet Bearer Underwriting Corporation <http://www.ibuc.com/>
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