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US To Push Criminalization of IP Violations
Dr.Hair writes "
Soon to be ex-Secretary of Commerce Don Evans speaks out on 'piracy' just prior to his last trip to China for negotiations. 'That means criminalizing the laws as opposed to (having) just civil laws...You've got to start putting people in jail.'
The article points out that this lust for prosecutions extends from Evans to his successor, the American Chamber of Commerce, and the US Senate. "
this title and /. article is highly misleading. did the poster rtfa?
this is about the usa pushing for china to start putting people in jail for counterfeiting. that IS widely acknowledged as "piracy."
sum.zero
For a change, I RTFA. They're pushing for the Chinese to start putting Chinese counterfeiters in jail under the rules of Chinese law.
While it might be a short leap for the same people to start calling for the criminalization of copyright infringement in the US, that's not what we're talking about here.
RTFA, which begins, "China has 'got to start putting people in jail.'"
A 3 strike misdemeanor resulting in life? I don't remember ever hearing of disturbing the peace being a felony ANYWHERE in the US nor do I think any state has a three strikes misdemeanor law and definitely not one that results in life in prison.
You might want to read this account for a more balanced picture. The broken patent system we have in the West is coming back to haunt us.
Donate free food here
Yeah, to bring China's laws into compliance with our criminal copyright laws. US rarely enforces felony copyright, but several TENS OF MILLIONS of American technically belong in prison right now under the insane N.E.T. act. In particular it redefined US CODE TITLE 17 (Copyright) CHAPTER 5 506. Criminal offenses Criminal Infringement such that "(1) for purposes of commercial advantage or private financial gain" now includes simple P2P use.
Yep, if you use a P2P program and upload a single file and download a single file, you are now deemed to qualify as a commercial enterprize engaging in industrial scale copyright infringment for financial gain. Criminal Infringement.
But heay, on the bright side the penaltys for only uploading a single copy of some song the maximum sentence is just a year in prison. You have to hit "at least 10 copies or phonorecords, of 1 or more copyrighted works, which have a total retail value of more than $2,500" before you qualify for 5 years in prison.
On the other hand you can get 10 years in prison if it is your second offence, say uploading a single copy of the copyrighted song "Happy Birthday".
Yep, get caught for uploading and downloading a single song, then get caught uploading and downloading a single song a second time, and you are eligible to 10 years in prison.
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- - You can't take something off the Internet! That's like trying to take pee out of a swimming pool.
Texas has a three-strikes misdemeanor law under which a third-offense Class B misdemeanor can be "enhanced" to a Class A. Similarly, a third-offense Class A misdemeanor can be enhanced to a third degree felony (2-10 years), so theoretical, a fifth-offense Class A felony could get you a life sentance.
Now, Class A misdemeanors are, as a general rule, fairly serious offenses, seeing as how they are punishable by up to a year in jail and/or a fine of up to $4,000. Texas's Class A misdemeanors include Aggravated Assault, Negligent Homicide, and such friendly acts as Unlawful Restraint (a 'minor' form of kidnapping) and various theft/fraud offenses involving property having $500-$1500 in value.
If someone is facing trial for a fifth offense for crimes of this nature maybe they SHOULD face a life sentence. Speaking in the abstract I really can't say.
utter rubbish