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DOJ Doesn't Like the Idea of A Copyright Czar

sconeu writes "Seems as if the DOJ is not particularly happy about HR 4729, the 'Copyright Czar' bill. The Deputy AG told Congress that the current structure works quite effectively. 'Panel members also expressed concern over Section 104 of the bill, which would allow a copyright owner to collect statutory damages for each copyrighted work that is stolen. Detractors fear that this provision could result in protracted lawsuits ... Section 104, however, would penalize criminals on a per-song basis, so if someone pirated a motion picture soundtrack that had songs from 12 different artists, the pirate would be charged with 12 separate offenses and be subject to exorbitant fees.'"

16 of 215 comments (clear)

  1. What does "stolen" mean? by Mesa+MIke · · Score: 5, Insightful

    > ... would allow a copyright owner to collect statutory > damages for each copyrighted work that is stolen. So if I buy a Metallica CD, and someone swipes it, Metallica gets the money when the thief is caught? Bizarre.

    1. Re:What does "stolen" mean? by Conspiracy_Of_Doves · · Score: 4, Insightful

      No, of course not.

      The RIAA gets the money. Metallica doesn't see a penny.

  2. All Pau... by quickpick · · Score: 5, Insightful

    I gotta be honest, I was at best buy and I didn't see any particular movie or CD that interested me and I had a $5 off coupon to spend. Movie, music, and TV executives take note: I'm done. You can keep your ball and play by your rules, but I'm going to go home and do something constructive, like build a book shelf, or read a book, and maybe stop, look up at this beautiful world we live in and decide I don't need your crap to enjoy life.

    1. Re:All Pau... by Anonymous Coward · · Score: 4, Insightful

      A few hundred years ago life was hard. Now, life is fat. That is why things will go differently this time.

  3. It this passes... by tgatliff · · Score: 4, Insightful

    It will be a huge turn for the federal government in US history. Meaning, this is a blantant example of politicians wanting to use the federal government resources to help primarily large businesses maximize and enforce their revenues. Piracy, like it or not, provides a market balance where in many industries it did not exist before, and most of the politicians know this.

    1. Re:It this passes... by Anonymous Coward · · Score: 4, Informative

      This bill was introduced by the House Committee on the Judiciary: Courts, the Internet, and Intellectual Property

      California has 53 reps. The committee has 6 of those, including the chair Howard Berman.
      Florida has 25 reps. The committee has 3 of these.
      9 of the 24 reps come from Florida (Disney) and California (Disney / Hollywood). Full list follows.

      CA=6
      FL=3
      NC=2
      OH=2
      VA=2
      TX=2
      WI=1
      GA=1
      IN=1
      NY=1
      TN=1
      UT=1
      MI=1

      Rep. Adam Schiff [D-CA]
      Rep. Anthony Weiner [D-NY]
      Rep. Betty Sutton [D-OH]
      Rep. Brad Sherman [D-CA]
      Rep. Christopher Cannon [R-UT]
      Rep. Darrell Issa [R-CA]
      Rep. Elton Gallegly [R-CA]
      Rep. Frederick Boucher [D-VA]
      Rep. Henry Johnson [D-GA]
      Rep. Howard Berman [D-CA]
      Rep. Howard Coble [R-NC]
      Rep. James Sensenbrenner [R-WI]
      Rep. John Conyers [D-MI]
      Rep. Lamar Smith [R-TX]
      Rep. Melvin Watt [D-NC]
      Rep. Mike Pence [R-IN]
      Rep. Ric Keller [R-FL]
      Rep. Robert Goodlatte [R-VA]
      Rep. Robert Wexler [D-FL]
      Rep. Sheila Jackson-Lee [D-TX]
      Rep. Steve Cohen [D-TN]
      Rep. Steven Chabot [R-OH]
      Rep. Tom Feeney [R-FL]
      Rep. Zoe Lofgren [D-CA]

  4. The real reason for unhappiness by Applekid · · Score: 4, Insightful

    The IP division works closely with the DOJ's cyber crime laboratory, so separating a copyright unit could fracture investigation More likely, then, is that those currently enpowered for enforcement don't want their power diluted. Makes perfect sense.
    --
    More Twoson than Cupertino
  5. Pointless by subl33t · · Score: 5, Insightful

    The American drug Czars have done soooo well haven't they? A copyright Czar is SURE to end all copyright violations!

    Yanks: DO something about your electoral system! It's time to move back to Democracy from Corporate Oligarchy.

  6. These people need to get real by Finallyjoined!!! · · Score: 5, Insightful

    Copyright infringement is a civil offence. Nuff said.

    --
    If I had an Ass, I'd call it Fanny Bottom, then I could slap my Ass; Fanny Bottom, on the Arse.
  7. Translation... by R2.0 · · Score: 4, Funny

    "We dont' want to be the MPAA's bitch; if Congress likes that kind of thing, great for them, but no agent or prosecutor is going to make their career chasing college students and grandmothers. They can do their own dirtywork - we're busy with terrorism and drugs."

    --
    "As God is my witness, I thought turkeys could fly." A. Carlson
  8. Who's Word is Copyright Czar? by RobBebop · · Score: 5, Funny

    Who chose the wording "Copyright Czar"? That's akin to asking members of Congress to vote on killing puppies. No, they won't kill the puppies and they won't support a "Czar" of any kind.

    Captain Copyright, on the other hand, wearing a cape, a smile, and a costume that says "Don't steal MY music" would go over much better.

    --
    Support the 30 Hour Work Week!!!
    1. Re:Who's Word is Copyright Czar? by kebes · · Score: 5, Informative

      Captain Copyright, on the other hand, wearing a cape, a smile, and a costume that says "Don't steal MY music" would go over much better.
      Well, it didn't go over too well in Canada.

      A "Captain Copyright" character was indeed used for awhile in Canada to promote "rights of artists." Not surprisingly, the character and comics supporting a "copyright maximalist" slant, making no mention of fair dealing (Canadian version of fair use). Furthermore, there were a few incidents where it was shown that the Captain Copyright website was, in fact, infringing copyright.

      Because of all the negative press, the character was withdrawn and the site shut down. So it looks like a cape-wearing copyright crusader is not long-lived. And luckily IP law will prevent anyone else from resurrecting that particular idea.
  9. Heh by Cleon · · Score: 5, Insightful

    If the "We Don't Torture, but Oppose Anti-Torture Legislation" DOJ thinks a piece of legislation is a little too heavy-handed, Congress should damn well get the message that it's time to reconsider.

    --
    Gifts for Geeks - Stuff that really matters!
  10. The NET Act Made it Criminal (sometimes) by Anonymous Coward · · Score: 4, Interesting

    The NET ("No Electronic Theft") Act made copyright infringement criminal in some cases. It looks like it was intended to criminalize people trading copies of copyrighted works, because it made it criminal to infringe upon copyright if you were profiting from it. And then it added to the definition of "profiting" that you could be exchanging a copyrighted work in exchange for other copyrighted works.

    Mind you, IANAL, and the DoJ apparently has better things to do than go after low-level copyright infringers, it seems like congress wants to change that to help Hollywood.

    As for the DoJ, it sounds like they're against this primarily because they don't want to lose power. I never thought I'd be glad to see petty politics come into play, but I'm honestly glad and I agree with them that a copyright czar is a waste of time.

    But the DoJ is also sensible enough only to care about huge pirate rings selling bootleg copies, not Joe Infringer downloading at home. Hollywood hates that, obviously, but the DoJ has real work to do and I hope they keep doing it.

    Or do the politicians think that we won't blame them if the conviction rates for real crimes like homicide drop so that they can divert the DoJ's manpower to catch people who infringe upon copyrights at home? I'll sure as hell blame them if that happens.

  11. Each blow in assault is not a seperate offence by Anonymous Coward · · Score: 5, Insightful

    How is it that copyright receives a higher standard of punishment than traditional crime. Maybe because the RIAA holds itself more important than people who really get hurt.

    If someone is assaulted they cannot prosecute the assailant for each punch/stab/whatever....

    They are entitled to fair protections but the system must make the redress fair as well. Each $2.99 song is a million dollars by their accounting. Now they want each instance to give them a retrial and more ability to punish the poor with larger threatened lawsuits. This is not trial by judge or jury anymore. They are fighting for trial by the inefficiency of our judicial system. They want to make the court system worse and more expensive while they use it as a hammer to win settlements - out of court. And who picks up the tab??? The country.

    Go back to the initial copyright as set out by the constitution. Remove the extensions and emphasize the benefits of a global distribution system that costs peanuts to maintain.

  12. The problem-nobody is waking up like they used to by plasmacutter · · Score: 4, Interesting

    Back in the 20's the christian right got the volstead act.

    Instead of curbing drinking, it criminalized everyone and resulted in the proliferation of outright poisonous liquor (things like formaldehyde in it), rampant organized crime, and rampant corruption.

    The interesting thing was.. the christian right ADMITTED THIS and congress repealed it.

    Now let's look at the nixon drug laws, which at the time were ostensibly designed to criminalize the protestors he hated. Drugs are still widely proliferated, but instead of being highly regulated, safer (granted they ARE kinda bad for you, but so is booze and tobacco), and taxed. Further, people would feel safer seeking treatment knowing they wouldn't be arrested.
    Instead of admitting their failure, the federal government continues to spend billions in a vietnam on our very shores and against our own people.

    Now theyre pulling the same damn thing with the DMCA.. the sad part is they continue to do this DESPITE the fact even record execs have outright admitted, at least between the RIAA's spin cycles, that p2p isn't going away, and the DMCA isn't helping.

    --
    VLC FOR MAC IS DYING! IF YOU DEVELOP, PLEASE SAVE IT!!