Information Technology

May 13, 2008

Stiffer penalties for pirates on the way


New legislation which toughen penalties for software piracy (including music, movies, and computer programs) passed a big test in the House recently. The House of Representatives Judiciary Committee approved the new propsal known as the Prioritizing Resources and Organization for Intellectual Property (Pro-IP) Act, sending it to the floor of the House for debate and a vote. (That debate has already been underway this week.)

Pro-IP steps up penalties for piracy and is designed largely to fight large-scale counterfeiting operations. While the proposal has had one controversial new fine schedule removed from its text, other penalties have been increased, specifically calling for treble damages for counterfeiters and upgrading the rights of feds to seize property from violators convicted of IP infringement, though that property would have to be proven that it was "substantially connected" to the crime. Additional rules would appoint IP "attaches" to various embassies to aid the Justice Department in its prosecution of overseas infringers. The full Bill runs 68 pages if you'd like to check it out.

Naturally, concerns over the potential abuse of Pro-IP are rising, as observers worry that it could be applied liberally against people accused of small-scale copyright violation, as with the suits the RIAA has brought against individuals in the last few years. Since so few of those suits have resulted in guilty verdicts (only one that I'm aware of), the feeling from some is that stepping up penalties against infringers may be a bit premature.

Copyright owners are, of course, excited to see penalties increase, even though, with civil damages already set at up to $150,000 per song, they're through the roof as it is.

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