Intellectual Property Law

White House Opposes Expanded DOJ Copyright Enforcement

By Ryan Singel, Kevin Poulsen, Sarah Lai Stirland, Kim Zetter, and David Kravets

The Bush administration is opposing sweeping legislation granting it the ability to prosecute civil cases of copyright infringement.

The legislation, backed by Hollywood, labor unions and manufacturers, sailed through the Senate Judiciary Committee, 14-4, on Sept. 11.

In a letter (.pdf) to Sens. Patrick Leahy and Arlen Specter, who were among the sponsors of the legislation, the Justice Department wrote Tuesday it "strongly" opposes expanding its powers. Doing so, the letter said, could undermine the department's prosecution of criminal cases and transform it into an office "serving as pro bono lawyers for private copyright holders."

The Justice Department said the private sector should remain responsible for enforcing its copyrights in federal civil lawsuits.

"Civil copyright enforcement has always been the responsibility and prerogative of private copyright holders, and U.S. law already provides them with effective legal tools to protect their rights," the Justice Department and Commerce Department wrote.

The government agencies wrote that the proposal "could result in Department
of Justice prosecutors serving as pro bono lawyers for private copyright holders regardless of their resources. In effect, taxpayer-supported department lawyers would pursue lawsuits for copyright holders, with monetary recovery going to industry."

In all, the Bush administration agreed with digital rights groups and others who said the measure goes too far and is a gift to copyright holders who normally use the civil courts to sue copyright infringers. The Recording Industry Association of America, for example, has sued more than 30,000 individuals for infringement.

The Enforcement of Intellectual Property Rights Act (.pdf) creates a Cabinet-level copyright-patent czar charged with creating a worldwide plan to combat piracy. The czar would "report directly to the president and Congress regarding domestic and international intellectual property enforcement programs."

The bill, nearly identical to the version the House passed last year, encourages government anti-piracy task forces, the training of other countries about IP enforcement and, among other things, institutes an FBI piracy unit.

The House version does not contain language granting the Justice Department the ability to sue copyright infringers. The department does prosecute criminal acts of infringement, although rarely.

Illustration psd

See Also:

• Proposed Copyright Law a 'Gift' to Hollywood, Info Groups Say
• Senate Committee Expands Justice Department Copyright Enforcement ...
• Judge: Copyright Owners Must Consider 'Fair Use' Before Sending ...
• Meet the Latest Copyright Scofflaw -- Meet the GOP
• MPAA Says No Proof Needed in P2P Copyright Infringement Lawsuits
• Anti-Counterfeiting Trade Agreement: Fact or Fiction?
• Hollywood Control of DVD-Copying at Crossroads

Full post as published by Threat Level on September 24, 2008 (boomark / email).