Intellectual Property Law

Did you see where the United States Senate unanimously passed by consent last week a resolution ?expressing the sense of Congress that institutions of higher education should adopt policies and educational programs on their campuses to help deter and eliminate illicit copyright??  Senate Resolution 488 has no legal authority, but it suggests the strength of the entertainment industry in keeping the use of collegiate computer networks for file sharing and downloading front and center with Congress.  Sponsored by Senator Lamar Alexander (R-TN), the resolution noted among other things that

?Whereas the pervasive use of so-called peer-to-peer (P2P) file sharing networks has led to rampant illegal distribution and reproduction of copyrighted works;
Whereas the Supreme Court, in MGM Studios Inc. v. Grokster, Ltd., reviewed evidence of users' conduct on just two peer-to-peer networks and noted that, `the probable scope of copyright infringement is staggering';
Whereas Justice Breyer, in his opinion in MGM Studios Inc. v. Grokster, Ltd., wrote that `deliberate unlawful copying is no less an unlawful taking of property than garden-variety theft'; [and]
Whereas many computer systems of the colleges and universities of the United States, including local area networks under the control of such colleges and universities, may be illicitly utilized by students and employees to further unlawful copying . . ..?  (citations omitted).

The resolution further referenced a study by the Motion Picture Association of America that shows U.S. college and university students States accounted for 44 percent of the U.S. movie industry?s annual losses due to piracy in 2005, at a cost of $579 million.  The Senate passed a similar resolution earlier this year, which has been referred to the Senate Committee on Health, Education, Labor and Pensions for possible further action.

Is additional legislation directed toward digital copyright and file sharing in our immediate future?  Stay tuned to the IP Blawg for the latest.