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Topic: Pirate Act

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	"Pirate Act" raises Civil Rights Concerns - Ageless Love
		The so-called Pirate Act is raising alarms among copyright lawyers and lobbyists for peer-to-peer firms, who have been eyeing the recording industry's lawsuits against thousands of peer-to-peer users with trepidation.
		One influential proponent of the Pirate Act is urging precisely that.
		The Pirate Act represents the latest legislative priority for the Recording Industry Association of America (RIAA) and its allies, who collectively argue that dramatic action is necessary to prevent file-swapping networks from continuing to blossom in popularity.
	www.agelesslove.com /boards/showthread.php?t=10849 (1087 words)

	Inducing Infringement of Copyrights Act - Wikipedia, the free encyclopedia
		The Inducing Infringement of Copyrights Act, often abbreviated to just INDUCE Act, is a bill introduced in the United States Senate which targets "whoever intentionally induces any violation" of copyright.
		The name came from an earlier version named the "Inducement Devolves into Unlawful Child Exploitation Act." On June 17, 2004, CNET's Declan McCullagh was the first major journalist to cover the controversial bill.
		The Act would amend title 17 of the United States Code which is related to copyrights, by adding a subsection to the end of section 501.
	en.wikipedia.org /wiki/Inducing_Infringement_of_Copyrights_Act (329 words)

	Leahy-Hatch Bill Takes Aim At Copyright Infringement
		For too long, 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 the world of copyright, a criminal charge is unusually difficult to prove because the defendant must have known that his conduct was illegal and he must have willfully engaged in the conduct anyway.
		It also calls on the Justice Department to initiate training and pilot programs to ensure that federal prosecutors across the country are aware of the many difficult technical and strategic problems posed by enforcing copyright law in the digital age.
	leahy.senate.gov /press/200403/032504a.html (797 words)

	Pirate Act wants US taxpayers to pay for prosecution of civil suits to protect business
		The bill hopes to see such acts criminalized, allowing the government to step in and do the grunt work with the added benefit of increased fines and jail times that such criminalization would entail.
		But get this: under the No Electronic Theft Act, file sharing can already be prosecuted as a criminal act if a very large number of files are shared, but the Department of Justice has yet to bring a single case.
		The Pirate Act would make it possible for individuals to be tried as a criminal first under criminal court, and then sued under civil court.
	arstechnica.com /news/posts/1085596862.html (874 words)

	Stereophile: Senate OKs PIRATE Act
		The PIRATE Act (Protecting Intellectual Rights Against Theft and Expropriation Act) passed on a unanimous voice vote, according to reports from Washington.
		Incorporating the PIRATE Act into federal law would eliminate that barrier, possibly exposing many thousands of music lovers to deep financial losses.
		The PIRATE Act was co-sponsored by Senator Patrick Leahy, the top-ranking Democrat on the Senate Judiciary Committee.
	www.stereophile.com /news/062804pirateact (594 words)

	Legislating IP (formerly the Induce Act Blog)
		The ACU is particularly unhappy with the PIRATE Act, which allows the Fed to go after copyright infringers civilly instead of just criminally as they do now.
		Most offensive of the bills, said the ACU's Rumenap, is the Pirate Act (S. 2237), which would authorize the Department of Justice (DOJ) to file civil actions against copyright infringers, i.e., peer-to-peer (P2P) file swappers.
		The American Conservative Union is launching some commercials in the the next week or so in an attempt to educate people about this situation and to put the pressure on Republican lawmakers not to pass the omnibus bill containing the PIRATE Act and other overreaching and dangerous IP legislation.
	techlawadvisor.com /induce/2004/11/conservatives-very-unhappy-about.html (466 words)

	AAAS - Science & Intellectual Property in the Public Interest
		Two of the bills (the PIRATE Act and the ART Act) would increase the prosecution and punishment of people who violate copyright law, and one (the CREATE Act) would grant patents to groups that collaborate on research.
		The PIRATE Act (S. 2237) would encourage the Justice Department to bring civil charges against suspected copyright violators and to pursue fines normally reserved for criminal proceedings.
		The senator lifted the holds, however, when the leadership offered assurances that the PIRATE Act would be fully debated on the floor, said Philip S. Corwin, a lobbyist for the company that runs the KaZaA network.
	sippi.aaas.org /ipissues/updates?res_id=331 (479 words)

	Justice Dept. takes P2P with 'grain of salt' \| Tech News on ZDNet
		Hewitt Pate, assistant attorney general for antitrust, expressed skepticism toward a bill called the Pirate Act that the Senate overwhelmingly approved in June.
		The Pirate Act has raised alarms among copyright lawyers and lobbyists for peer-to-peer firms, who have been eyeing the recording industry's lawsuits against thousands of peer-to-peer users with trepidation.
		Criticism of the Pirate Act in the Justice Department's final report could imperil its chances on Capitol Hill, where the House of Representatives has not held one hearing on the measure.
	news.zdnet.com /2100-3513_22-5320748.html (885 words)

	Senate Judiciary Committee Approves Large Collection of Copyright Bills, 10/7/2004.
		Title II is the "Piracy Deterrence and Education Act of 2004", which is a revised version of HR 4007 EH, which includes the "Family Movie Act".
		Title IV is the "National Film Preservation Act of 2004" and the "National Film Preservation Foundation Reauthorization Act of 2004".
		The House approved HR 4077, the "Piracy Deterrence and Education Act of 2004 ", by a voice vote, on September 28, 2004.
	www.techlawjournal.com /topstories/2004/20041007.asp (1987 words)

	EFF: Take Action
		The PERFORM Act, introduced by Senator Dianne Feinstein, would limit consumers' ability to record from radio and would force Internet radio stations to switch to DRM-strapped formats instead of MP3 or open formats.
		The Digital Millennium Copyright Act (DMCA) has been wreaking havoc on consumers' fair use rights for the past seven years.
		Now Congress is considering the Digital Media Consumers' Rights Act (DMCRA, HR 1201), a bill that would reform part of the DMCA and formally protect the "Betamax defense" relied on by so many innovators.
	action.eff.org /action/index.asp?step=2&item=2906 (1021 words)

	Pirates of the Spanish Main
		Pirate's Cove Some of the harder to find and higher quality historical documents and resources on the internet in one nifty little package.
		Pirate's Keg Root Beer A beverage as brilliant as a chest of gold.
		Pirate's Puzzle Math puzzle by a Yale microeconomics student.
	www.sonic.net /~press (1084 words)

	DIYmedia.net - Features on Pirate Radio in General
		A shortwave militia pirate is openly challenging the authority of the FCC - and seems to be itching for a showdown.
		While FM pirates tend to get all the press, the shortwave pirate scene has been around much longer and is still booming strong.
		Halloween is a big holiday for shortwave pirates, and a great time to sample the diverse creativity that crackles around the globe.
	www.diymedia.net /feature/pirate (738 words)

	International Talk Like A Pirate Day
		The teen area will be decorated with pirate items (treasure chest, anchor, pirate swords, etc.), books about pirates will be on display, and anyone interested will have a chance to enter the trivia contest for a chance to win a gift bag with pirate-related items.
		Bibliodirect features pirate books: One of the site's features is a "featured" section where we promote different books each day.We will be celebrating International Talk Like A Pirate Day on the site tomorrow (Sept. 18) by featuring various pirate books and linking to your site.
		Leigh Clemons staged a performance event entitled “Pirate Professor” for her Sept. 19th Introduction to Theatre lecture in the 1000-seat Beau Cambell Auditorium at Louisiana State University, delivering her lecture on publicity and performance in traditional Hollywood pirate attire and brogue to uproarious applause.
	www.talklikeapirate.com /tlapd03.html (2812 words)

	Wired News: Congress Moves to Criminalize P2P
		The bills come at a time when the music and movie industries are exerting enormous pressure on all branches of government at the federal and state levels to crack down on P2P content piracy.
		In defending the Pirate Act, Hatch said the operators of P2P networks are running a conspiracy in which they lure children and young people with free music, movies and pornography.
		The Recording Industry Association of America and the Motion Picture Association of America welcomed the Pirate Act.
	www.wired.com /news/digiwood/0,1412,62830,00.html (975 words)

	Jeffords And Leahy Announce Federal Funds For Home Heating Assistance
		Senator Hatch and I have developed a bill that preserves the ability of the Justice Department to pursue criminal penalties, while recognizing that handcuffs for infringers is often not the appropriate response.
		This is an important but complicated bill, and we will need to craft the report language carefully, to provide guidance to those who have not had the opportunity to actually participate in the drafting, and to ensure that the interpretation of the bill is fully consistent with its purposes.
		The ruling meant that some collaborative teams that the Bayh-Dole Act was intended to encourage have been unable to obtain patents for their efforts.
	leahy.senate.gov /press/200404/042904b.html (1011 words)

	IPcentral Weblog: Pirate Act
		There is no, repeat no, risk that civil enforcement under PIRATE would supplant civil enforcement by property holders - DoJ would never let that happen - they have expressly stated again and again that they will move to enforce IP rights only when enforcement by private rightsholders is ineffective or impossible.
		It would also, as a practical matter, be incredibly foolish for private rightsholders to stop bringing strict-liability enforcement actions in the hope that DoJ would bring civil enforcement actions in which it must prove all the elements of a criminal violation - including criminal scienter.
		Private enforcement remains a far more powerful tool than DoJ civil enforcement under PIRATE - and that fact alone should ensure that private enforcement remains the preferred means of enforcing IP rights.
	weblog.ipcentral.info /archives/2004/11/pirate_act.html (248 words)

	boycott-riaa.com - Article: Sink the PIRATE Act
		The PIRATE Act (S.2237) is yet another attempt to make taxpayers fund the misguided war on file sharing, and it's moving fast.
		I am asking those that claim to represent me in the state of Illinois to oppose the incorrectly-named PIRATE act.
		Date: June 2, 2004 @ 4:30 PM maybe a large group of people wanting to sink the pirate act should go to congress, sit in the galeries for spectators and put on eye patches and quietly watch the proceedings.
	www.boycott-riaa.com /article/12354 (1581 words)

	Wired News: Congress Looks Out for Hollywood
		The Senate introduced the Induce Act, which critics say would ban file-sharing networks and stymie the introduction of any technology that could be used to copy and distribute copyright work.
		Technologists and copyright activists were most alarmed by the Induce Act, backed by Sen. Orrin Hatch (R-Utah), who in the past five years has received $158,000 in campaign contributions from the television, movie and music industries, according to the Center for Responsive Politics.
		The bill (PDF), officially titled the Inducing Infringement of Copyrights Act and co-sponsored by Sen. Patrick Leahy (D-Vermont), would "allow creative artists to sue corporations that profit by encouraging children, teenagers and others to commit illegal or criminal acts of copyright infringement," according to a press release from Hatch's office.
	www.wired.com /news/politics/0,1283,64005,00.html?tw=wn_tophead_2 (750 words)

	IPcentral Weblog - Intellectual Property and Copyright Commentary
		There is no, repeat no, risk that civil enforcement under PIRATE would supplant civil enforcement by property holders – DoJ would never let that happen – they have expressly stated again and again that they will move to enforce IP rights only when enforcement by private rightsholders is ineffective or impossible.
		It would also, as a practical matter, be incredibly foolish for private rightsholders to stop bringing strict-liability enforcement actions in the hope that DoJ would bring civil enforcement actions in which it must prove all the elements of a criminal violation – including criminal scienter.
		Private enforcement remains a far more powerful tool than DoJ civil enforcement under PIRATE – and that fact alone should ensure that private enforcement remains the preferred means of enforcing IP rights.
	ipcentral.info /blog/2004/11/pirate-act.html (430 words)

	Tech Law Advisor :: Syndicated Newsletter: The Pirate Act
		Declan McCullagh reports that legislators are trying to sneak the "PIRATE" Act through Congress and the bill may be voted on by the Senate in little more than a week ('Pirate Act' raises civil rights concerns).
		Ernest Miller writes that for those unfamiliar with the Act, it basically allows the Federal government to bring civil copyright infringement lawsuits instead of only criminal copyright infringement cases.
		Andrew Raff has a great round-up on the PIRATE Act here.
	techlawadvisor.com /blog/2004/05/pirate-act.html (233 words)

	U-WIRE.com/COLUMN: Pirate Act stinks of bilge (Site not responding. Last check: 2007-10-25)
		The Pirate Act makes it easier to criminally prosecute copyright violators and file- sharers.
		The Pirate Act could have the biggest consequences for the average user with the introduction of criminal prosecution of file-sharers to the point of abuse, if its guidelines are similar to those of the Digital Millennium Copyright Act, which allows big-time prosecution of extremely small-time crimes.
		Moreover, similar to the way prosecution for prostitution and the drug war vacillates between the "clients" and the "business," so too would this war, shifting from busting providers of copyrighted content, such as the warez groups, P2P services and porn vendors, to the downloaders and users.
	www.uwire.com /content/topops052004002.html (647 words)

	PC World - File Swappers May Face Civil Suits
		The hearing may be scheduled when Congress returns after the July 4 holiday, but it is still unclear as to when the Pirate Act will reach the floor of the House for a vote.
		The Pirate Act "will provide federal prosecutors with the flexibility and discretion to bring copyright infringement cases that best correspond to the nature of the crime," Recording Industry of America Chairman and CEO Mitch Bainwol says in a statement.
		The Pirate Act would "ensure that more creative works are made available online, that those works are more affordable, and that the people who work to bring them to us are paid for their efforts," Leahy said at the introduction of the bill in March.
	msn.pcworld.com /news/article/0,aid,116748,00.asp (864 words)

	broadband » News » The Pirate Act - Hatch, Leahy, take aim at P2P
		According to Senator Orrin Hatch (a musician himself), Wired says he believes the operators of P2P networks "are running a conspiracy in which they lure children and young people with free music, movies and pornography." As Wired points out, Hatch has received $152,360 from the entertainment industry.
		You'd think the government would want porn to be pirated, due to the supposed loss of income that results from piracey.
		According to the Audio Home Recording Act of 1992, »www.virtualrecordings.com/ahra.htm, and the Court Ruling on the RIAA v.
	www.broadbandreports.com /shownews/41438 (3566 words)

	PIRATE act +
		Another bill introduced in the House is, H.R. according to ALA's Washington office: March 31, 2004: H.R. 4077, the "Piracy Deterrence and Education Act of 2004." Introduced by Rep. Lamar Smith (R-TX), H.R. 4077 would enhance enforcement of copyright laws and require the Justice Department to educate the public about copyright infringement.
		The bill would also amend the Copyright Act to allow criminal prosecution of someone who "makes available" one work worth $10,000 or more, or 1,000 or more works of undetermined value.
		It is unclear whether such a criminal infringement claim could have been made before this provision, but in combination with other legislation (the PIRATE Act recently introduced in the Senate), this bill would allow the Justice Department to file civil suits for unregistered copyrighted works." (the copyright infringement claim could result in jail time).
	www.library.yale.edu /~llicense/ListArchives/0405/msg00027.html (598 words)

	E-Commerce News: Legal: Copyright Bill Clears Senate Minus Induce Act
		The Senate on Saturday passed what it's calling the Family Entertainment and Copyright Act of 2004, a much-revised version of the Intellectual Property Protection Act, which originated in the House of Representatives as a compromise version of several earlier bills.
		Provisions from the Artists' Rights and Theft Prevention Act were maintained that provide for jail terms of up to three years for anyone convicted of using a camcorder or other device to pirate a film and toughen penalties for those who sell movies on the fl market before they are released commercially.
		The fate of the controversial Induce Act that would restrict file-sharing technology that can be used to illegally download and share copyrighted material was in question today after negotiations between the music and electronics industries broke down as the current Congressional session nears an end, possibly by this weekend.
	www.ecommercetimes.com /story/Copyright-Bill-Clears-Senate-Minus-Induce-Act-38423.html (848 words)

	Answers In Action - PIRATE Act introduced to Congress to Ease Prosecution of File Sharing
		PIRATE Act introduced to Congress to Ease Prosecution of File Sharing
		Wired has an article on the PIRATE Act introduced in Congress last Thursday, plus information on another possible act currently circulating among members of the House judiciary committee.
		PIRATE Act introduced to Congress to Ease Prosecution of File Sharing
	answers.org /news/article.php?story=20040329163650279 (226 words)

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