Won’t Somebody Think of the Children?


Senators Hatch (R-UT) and Leahy (D-VT) introduced the Protecting Intellectual Rights Against Theft and Expropriation Act of 2004 (S.2237) which would add §506a to the Copyright Act (17 USC) to allow the Justice Department to file civil copyright infringement complaints. These civil copyright cases would only require a preponderance of the evidence to prove infringement (rather than the stricter beyond a reasonable doubt standard for a criminal copyright infringement case.)
Wired News: Congress Moves to Criminalize P2P 
Joe Gratz: RIAA’s Next Step: A $2 Million Gift From Taxpayers: “[This aproach] shifts the costs of civil copyright enforcement from copyright holders to taxpayers. The direct cost is $2 million dollars – a quick, easy $2 million wealth transfer to rent-seekers from society at large. Perhaps the larger cost is the further erosion of the public’s belief in the separation between government and big business.
Copyfight’s Donna Wentworth: Funding the War on Filesharing
Ernest Miller: PIRATE Act Reveals Sen. Hatch as Strange Ally of Pornography Industry

Perhaps Hatch doesn’t realize this, but most pornography is copyrighted and, as Hatch notes, is frequently distributed via filesharing networks. Since Hatch wants to stop copyright infringement and also discourage the redistribution of pornography, there is only one logical conclusion. This new law is meant to encourage the DOJ to go after those infringing pornography copyrights through P2P filesharing. By suing those engaged in pornography piracy, the DOJ could accomplish two of Hatch’s goals at once: reducing infringement and pornography redistribution

Andrew Raff @andrewraff