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Copyright Infringement Enforcement Debate

by Pamela Parker

The Department of Justice and the Bush Administration are proposing enhanced criminal statutes for enforcement of copyright infringment, according to a speech given yesterday by US Attorney General Alberto Gonzalez to the U.S. Chamber of Commerce Coalition Against Counterfeiting and Piracy.

One of the changes is the creation of the crime of attempted infringement. Our criminal system is full of “attempted” crimes, based on the premise, I guess, that if you’re not a very good criminal and don’t actually get the job done, you’re still a danger to society and should be put away. But copyright law has always required “actual’ infringment before penalties kick in.

The proposed bill also stengthens restitution and forfeiture provisions.

According to a source quoted in a C/Net story, the chair of the House Judiciary committee has indicated that he will be proposing his own legislation on similar issues this session.

Similar legislation was proposed last session and went nowhere, so it remains to be seen if this issue will catch a wave this year, but the debate is certainly welcome.


Posted in General on May 15th, 2007

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