A New Role for Copyrighted Material



With very little public fanfare, on October 14th, 2008, President Bush signed Senate bill S.3325 into law.  The bill, The Prioritizing Resources and Organization for Intellectual Property Act of 2008, passed unanimously in the Senate.

Ben Jones writing for the filesharing advocacy website TorrentFreak, described the passage of the bill:

"Over in California, champagne corks are popping. In the offices of the MPAA and RIAA, lawyers turned lobbyists are dancing jigs. In houses all around the US however, people are left dumbfounded by the passage of a bill based on appeasement to big money, at a time when the country is in economic turmoil."

The bill in its original form directed the Department of Justice to pursue copyright infringement violations, but that requirement was removed before the bill was passed in the Senate. The Electronic Frontier Foundation's spokesman, Richard Esguerra, expressed relief that that particular enforcement measure was dropped and that the prosecuting attorneys in violation cases wouldn't become: "pro bono personal lawyers for the content industry.” 

The Department  of Justice raised ultimately unheeded objections to the bill as well.  To enforce intellectual property piracy violations, the bill creates a copyright Czar:

"Directs the President to appoint an Intellectual Property Enforcement Coordinator who shall: (1) chair the interagency intellectual property enforcement advisory committee established by this Act; and (2) coordinate the development, and assist in the implementation, of the Joint Strategic Plan against counterfeiting and piracy by such advisory committee."

The DOJ's primary objection to the proposed law was the creation of the "Czar" position because it would be an unconstitutional violation of Separation of Powers.


One supporter of the bill is the U.S. Chamber of Commerce.

""By becoming law, the PRO-IP Act sends the message to IP criminals everywhere that the U.S. will go the extra mile to protect American innovation," said Tom Donohue, president and CEO of the U.S. Chamber of Commerce."

The U.S. Chamber of Commerce also contended, "Counterfeiting and piracy costs the United States nearly $250 billion annually," according to a report by the Reuters News service.

Ben Jones addresses the forfeiture provision in the Senate Bill:

"Perhaps the worst aspect of the bill, though, is the extension of forfeiture. Already used extensively in drugs cases, it is often inappropriately applied. If drugs are found in someone’s home, and along with that comes a claim from a 3rd party (even if they were caught breaking into the home) that they were dealing, the home owner
can have their house taken away, along with anything of value in it."

Also addressing the forfeiture powers defined in the bill, Art Brodsky of Public Knowledge added:

"Let's suppose that there's one computer in the house, and one person uses it for downloads and one for homework. The whole computer goes"

Referring to plaintiffs in copyright litigation in general, but the MPAA and RIAA in particular, Brodsky also pointed out: ""There's already lots and lots of penalties for copyright violations," he said. "They've got all the tools they need."

Dust off those CD jewel cases and those license keys for all the software in your classrooms and school and make sure there are no copyrighted songs or video clips on your workstations, classroom, school and BOE websites, or your school districts may not only become the target of copyright violation lawsuits en masse, but your computer labs may become the property of Hollywood.

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