Copyright Law

Feds Plan to Fight Internet Piracy Like Physical Piracy

By Jared Moya

Immigration and Customs Enforcement (ICE) tells reps from the MPAA that it plans to “target the new threats enabled by the Internet in the same way that we have targeted ‘hard goods’ in the past.”

The federal govt seems to be buying into the hair brained MPAA notion that illegal file-sharing is supporting terrorism and criminal gangs.

It’s well known that physical piracy has always been about profits and that many of the same groups, as pointed out by a 2009 RAND Corporation study, that illegally trade in pirated copies of films are also involved in everything from human smuggling and document fraud to contract killing and the drug trade.

However, file-sharing is a much different animal. It’s called sharing for the simple reason that no money ever changes hands only data does. The MPAA and other copyright holder groups can’t very well wage a campaign to stop illegal file-sharing without having a certain amount of hysteria and fear to succeed, especially when its trying to get law enforcement and legislators on its side.

It’s become evident that it’s managed to do just that with remarks given by John Morton, assistant secretary of Homeland Security for the US Immigration and Customs Enforcement (ICE), at a recent gathering of representatives from the MPAA, seven of the largest movie studios, and law enforcement officials at the National Intellectual Property Rights Coordination Center (IPR Center) in Crystal City.

The IPR Center, led by U.S. Immigration and Customs Enforcement (ICE), hosted the meeting to share intelligence on the latest threats to creative products.

“ICE pledges a sustained law enforcement effort with our partners in the IPR Center to target the new threats enabled by the Internet in the same way that we have targeted ‘hard goods’ in the past,” Morton told the crowd. “Industry knows where the vulnerabilities are and law enforcement should consult with industry to help identify those who exploit those vulnerabilities for their own gain and subject them to law enforcement investigation and subsequent arrest.”

He emphasized that the IPR center is committed to fighting criminal activity that it claims has cost American jobs, funded criminal activity of organized crime, and exploited the creative work of artists.

But, again, Internet piracy is much different than physical piracy, and Morton’s vow to treat file-sharers the same as those trying to profit from the works of others is wrong.

Counterfeiters may be using P2P to locate pirated material to burn and sell on the street, but they certainly aren’t using it to “locate and distribute to customers” as Morton asserts.

Too bad file-sharers never get a voice in the debate.

Stay tuned.

jared@zeropaid.com

Full post as published by ZeroPaid on January 29, 2010 (boomark / email).