Pirate Act
Encyclopedia
The Protecting Intellectual Rights Against Theft and Expropriation Act of 2004, better known as the Pirate Act, was a bill in the United States Congress
that would have let federal prosecutors file civil lawsuit
s against suspected copyright
infringers. Prior to the introduction of this act, only criminal lawsuits could be filed against suspected infringers.
over the Internet had risen to prominence. Until 1997, copyright infringement was only considered a criminal offense if it was for the purpose of "commercial advantage or private financial gain." During this year, the NET Act
was passed, which allowed for federal prosecutors to file criminal lawsuits against suspected infringers, without requiring evidence of commercial benefit or financial gain. However, it proved difficult to find legitimate criminal charges, and by 2004, this privilege had yet to be invoked by federal prosecutors.
As file sharing became more popular, the music industry experienced a steady three-year decline in revenue. From 2001-2004, the industry lost $5 billion, partially attributed to the increase in online music piracy on websites such as Kazaa
, Morpheus
and Grokster
. The Recording Industry Association of America
(RIAA) had filed thousands of civil lawsuits without the aid of federal prosecutors, hoping to deter music piracy at large. One of the first and most famous online copyright infringement lawsuits - Capitol v. Thomas
- resulted in a mother of four owing $1.5 million to various music labels for violating copyrights on 24 songs.
as by Orrin Hatch
(R-UT) and Patrick Leahy
(D-VT) on March 25, 2004. It would allow the United States Department of Justice
to bring civil copyright infringement cases against individuals suspected of illegal file-sharing on the Internet. In filing a civil lawsuit, knowledge of infringement and willful intent are not required criteria, as they are in criminal cases. Thus, there is a lower burden of proof, making it easier for the DOJ to pursue infringers. Penalties for violating the terms of the bill included fines and prison time of up to 10 years if someone shared 2,500 pieces or more of content, such as songs or movies. Sharing a file that is determined (by a judge) to be worth more than $10,000 can also result in prison time. Additionally, anyone who released content that had not yet been released in wide distribution could also face penalties.
In his argument in favor of the bill, Senator Leahy stated, "Prosecutors can rarely justify bringing criminal charges, and copyright owners have been left to fend for themselves, defending their rights only where they can afford to do so. In a world in which a computer and an Internet connection are all the tools you need to engage in massive piracy, this is an intolerable predicament.”
In addition to granting the DOJ this privilege, the bill also stipulated that the Attorney General
would have six months to "develop a program to ensure effective implementation and use of the authority for civil enforcement of the copyright laws", and report back to Congress on the details of said lawsuits, including the total number of lawsuits and the financial statistics. The DOJ would receive $2 million in order to fund the program at its conception.
Con
- The Intellectual Property Protection Act (2004) - with seven other related pieces of legislation, including the Artists' Rights and Theft Prevention Act of 2004 (ART Act). It passed the Senate by a unanimous vote on June 25, 2004, and was referred to the U.S. House
Committee on the Judiciary on August 4, 2004, where it eventually failed to pass. Various reincarnations of the Pirate Act were proposed and passed through the Senate in both 2005 and 2006, but both times it again failed to pass through the House.
Another variation - The Intellectual Property Enforcement Act of 2007
- was proposed in the Senate on November 6, 2007, but no progress was made.
United States Congress
The United States Congress is the bicameral legislature of the federal government of the United States, consisting of the Senate and the House of Representatives. The Congress meets in the United States Capitol in Washington, D.C....
that would have let federal prosecutors file civil lawsuit
Lawsuit
A lawsuit or "suit in law" is a civil action brought in a court of law in which a plaintiff, a party who claims to have incurred loss as a result of a defendant's actions, demands a legal or equitable remedy. The defendant is required to respond to the plaintiff's complaint...
s against suspected copyright
Copyright
Copyright is a legal concept, enacted by most governments, giving the creator of an original work exclusive rights to it, usually for a limited time...
infringers. Prior to the introduction of this act, only criminal lawsuits could be filed against suspected infringers.
Background
By the mid-1990s, p2p file sharingFile sharing
File sharing is the practice of distributing or providing access to digitally stored information, such as computer programs, multimedia , documents, or electronic books. It may be implemented through a variety of ways...
over the Internet had risen to prominence. Until 1997, copyright infringement was only considered a criminal offense if it was for the purpose of "commercial advantage or private financial gain." During this year, the NET Act
NET Act
The United States No Electronic Theft Act , a federal law passed in 1997, provides for criminal prosecution of individuals who engage in copyright infringement under certain circumstances, even when there is no monetary profit or commercial benefit from the infringement. Maximum penalties can be...
was passed, which allowed for federal prosecutors to file criminal lawsuits against suspected infringers, without requiring evidence of commercial benefit or financial gain. However, it proved difficult to find legitimate criminal charges, and by 2004, this privilege had yet to be invoked by federal prosecutors.
As file sharing became more popular, the music industry experienced a steady three-year decline in revenue. From 2001-2004, the industry lost $5 billion, partially attributed to the increase in online music piracy on websites such as Kazaa
Kazaa
Kazaa Media Desktop started as a peer-to-peer file sharing application using the FastTrack protocol licensed by Joltid Ltd. and operated as Kazaa by Sharman Networks...
, Morpheus
Morpheus
Morpheus may refer to:Characters*Morpheus , the principal god of dreams in the Greek mythology*Morpheus , a moniker for Dream, a fictional character in the comic book The Sandman...
and Grokster
Grokster
Grokster Ltd. was a privately owned software company based in Nevis, West Indies that created the Grokster peer-to-peer file-sharing client in 2001 that utilized the FastTrack protocol. Grokster Ltd. was rendered extinct in late 2005 by the United States Supreme Court's decision in MGM Studios,...
. The Recording Industry Association of America
Recording Industry Association of America
The Recording Industry Association of America is a trade organization that represents the recording industry distributors in the United States...
(RIAA) had filed thousands of civil lawsuits without the aid of federal prosecutors, hoping to deter music piracy at large. One of the first and most famous online copyright infringement lawsuits - Capitol v. Thomas
Capitol v. Thomas
Capitol v. Thomas was the first file-sharing copyright infringement lawsuit in the United States brought by major record labels to be tried before a jury. The defendant, Jammie Thomas-Rasset, was found liable in a 2007 trial for infringing 24 songs and ordered to pay $222,000 in statutory damages...
- resulted in a mother of four owing $1.5 million to various music labels for violating copyrights on 24 songs.
Contents
The Pirate Act was introduced in the United States SenateUnited States Senate
The United States Senate is the upper house of the bicameral legislature of the United States, and together with the United States House of Representatives comprises the United States Congress. The composition and powers of the Senate are established in Article One of the U.S. Constitution. Each...
as by Orrin Hatch
Orrin Hatch
Orrin Grant Hatch is the senior United States Senator for Utah and is a member of the Republican Party. Hatch served as the chairman or ranking member of the Senate Judiciary Committee from 1993 to 2005...
(R-UT) and Patrick Leahy
Patrick Leahy
Patrick Joseph Leahy is the senior United States Senator from Vermont and member of the Democratic Party. He is the first and only elected Democratic United States Senator in Vermont's history. He is the chairman of the Senate Judiciary Committee. Leahy is the second most senior U.S. Senator,...
(D-VT) on March 25, 2004. It would allow the United States Department of Justice
United States Department of Justice
The United States Department of Justice , is the United States federal executive department responsible for the enforcement of the law and administration of justice, equivalent to the justice or interior ministries of other countries.The Department is led by the Attorney General, who is nominated...
to bring civil copyright infringement cases against individuals suspected of illegal file-sharing on the Internet. In filing a civil lawsuit, knowledge of infringement and willful intent are not required criteria, as they are in criminal cases. Thus, there is a lower burden of proof, making it easier for the DOJ to pursue infringers. Penalties for violating the terms of the bill included fines and prison time of up to 10 years if someone shared 2,500 pieces or more of content, such as songs or movies. Sharing a file that is determined (by a judge) to be worth more than $10,000 can also result in prison time. Additionally, anyone who released content that had not yet been released in wide distribution could also face penalties.
In his argument in favor of the bill, Senator Leahy stated, "Prosecutors can rarely justify bringing criminal charges, and copyright owners have been left to fend for themselves, defending their rights only where they can afford to do so. In a world in which a computer and an Internet connection are all the tools you need to engage in massive piracy, this is an intolerable predicament.”
In addition to granting the DOJ this privilege, the bill also stipulated that the Attorney General
Attorney General
In most common law jurisdictions, the attorney general, or attorney-general, is the main legal advisor to the government, and in some jurisdictions he or she may also have executive responsibility for law enforcement or responsibility for public prosecutions.The term is used to refer to any person...
would have six months to "develop a program to ensure effective implementation and use of the authority for civil enforcement of the copyright laws", and report back to Congress on the details of said lawsuits, including the total number of lawsuits and the financial statistics. The DOJ would receive $2 million in order to fund the program at its conception.
Reaction
Pro- Groups within the entertainment industry, including the RIAA and the Motion Picture Association of AmericaMotion Picture Association of AmericaThe Motion Picture Association of America, Inc. , originally the Motion Picture Producers and Distributors of America , was founded in 1922 and is designed to advance the business interests of its members...
(MPAA) were very supportive of the Pirate Act. Jack Valenti, the MPAA's chief executive at the time, commended Senators Hatch and Leahy for "their vision and leadership in combating the theft of America's creative works." Additionally, Mitch Bainwol, then-chairman and CEO of the RIAA, agreed with Valenti's sentiments, stating that "this legislation provide[d] federal prosecutors with the flexibility and discretion to bring copyright-infringement cases that best correspond to the nature of the crime."
Con
- Some organizations feel that the passage of bills such as the Pirate Act would give private industry groups (such as the RIAA) unnecessary aid from the government. By using the financial advantages provided by the DOJ, the Act would put the responsibility of funding the war on intellectual property piracy on taxpayers, rather than the content owners. Those who oppose this legislation feel that it expands the role of government far beyond what is necessary in order to combat the issue. Stacie Rumenap, deputy director of the American Conservative Union, was strongly against the bill: "The Pirate Act is another masquerade by Hollywood to make taxpayers foot the bill for its misguided war on promising new technology. Right now, Hollywood is trying to ram this flawed bill - a handout for Tinsel Town fat cats - through Congress without hearings or debate."
- Organizations such as P2P United, a group that represents software companies that run file-sharing networks, are opposed to the new laws that would punish file sharers. Instead, they propose that politicians should explore ways in which copyright holders can be paid through the movement of their works through P2P networks.
- During the first quarter of 2004, Senator Leahy received $178,000 in campaign contributions from groups within the entertainment industries, which constituted his second-largest source of donations. Senator Hatch received $152,360 from similar groups.
Legislative history
The Pirate Act was grouped into an omnibus billOmnibus bill
An omnibus bill is a proposed law that covers a number of diverse or unrelated topics. Omnibus is derived from Latin and means "for everything"...
- The Intellectual Property Protection Act (2004) - with seven other related pieces of legislation, including the Artists' Rights and Theft Prevention Act of 2004 (ART Act). It passed the Senate by a unanimous vote on June 25, 2004, and was referred to the U.S. House
United States House of Representatives
The United States House of Representatives is one of the two Houses of the United States Congress, the bicameral legislature which also includes the Senate.The composition and powers of the House are established in Article One of the Constitution...
Committee on the Judiciary on August 4, 2004, where it eventually failed to pass. Various reincarnations of the Pirate Act were proposed and passed through the Senate in both 2005 and 2006, but both times it again failed to pass through the House.
Another variation - The Intellectual Property Enforcement Act of 2007
Intellectual Property Enforcement Act of 2007
The Intellectual Property Enforcement Act of 2007, or S.2317, was a bill proposed in the 110th session of the United States Congress that would strengthen intellectual property laws in the United States by amending titles 17 and 18 of United States Code as well as the Trademark Act of 1946...
- was proposed in the Senate on November 6, 2007, but no progress was made.
See also
- Intellectual property legislation pending in the United States Congress
- Trade group efforts against file sharingTrade group efforts against file sharingImpact of illegal downloading on the film industryArts and media industry trade groups such as the Recording Industry Association of America and Motion Picture Association of America strongly oppose and attempt to prevent copyright infringement through file sharing...