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Commercial pirates have something else to fear now

Working off of “minor input” from the MPAA and RIAA, the Los Angeles County government decided to expand the definition of “public nuisance” to include piracy, allowing properties used in the dissemination of pirated goods to be eligible for seizure.

The ordinance specifically targets piracy in its physical forms: goods like bootleg CDs, fake DVDs, or “improperly labeled” audiovisual recordings that are manufactured or possessed for sale are now lumped into the same category as a counterfeit watch.

Ordinance 13.90.010, known as the Counterfeit Goods Nuisance Abatement ordinance, says that pirated goods “substantially interfere with … lawful commerce in the county, property values, and is detrimental to the public health, safety, and welfare of the county's citizens, its businesses, and its visitors.”

Property owners that knowingly allow piracy on the premises can be held liable to pay $1,000 per pirated work produced. The law allows the district attorney or county lawyer to file civil complaints against property owners, and they are permitted to “temporarily restrain, preliminarily enjoin, and/or permanently enjoin the person or persons intentionally conducting, or knowingly maintaining or permitting the public nuisance from further conducting, maintaining, or permitting such public nuisance.”

Further, county authorities may post a notice on the premises that penalizes an additional $1,000 or six months jail time to anyone that tampers with it – or, should they so choose, seize the property and place it up for sale.

The ordinance was adopted earlier this week by the Los Angeles County Board of Supervisors, and reflects similar nuisance abatement laws found in New York City. It does not appear to target those that upload or download pirated goods online, however it’s possible that one might run afoul of the law by burning pirated materials to disc in a manner that appears to be “manufacturing,” such as handing out copies to friends.

As noted in Ars Technica, ordinance 13.90.010 represents one of the content industry’s first successful attempts to shape regulations at the county level, augmenting an already impressive portfolio of laws at the state, national, and in the case of the EU, international levels.



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I hate the riaa too
By tastyratz on 5/10/2008 12:09:02 PM , Rating: 3
but the explicit manufacturing with intent to distribute should be seizable just like drugs. The laws for it should be strictly in place without loopholes for abuse (such as burning copies for yourself or having media, etc) but maybe possession of 10 or more copies would fall under that category.




RE: I hate the riaa too
By borismkv on 5/10/2008 1:09:38 PM , Rating: 4
So, lemme clear this up...it seems like you're saying that they should close the "loopholes" that allow people to burn copies of movies for personal use and backup...cause that's what's known as fair use, and that's about the only thing, thus far, that has kept the RIAA and MPAA from either suing everyone or getting everyone thrown in prison. The copyright laws need to be fixed, and they need to be fixed in such a way that it gives the actual artists and creators of music, movies, and TV shows greater rights and control over the licensing of their goods.


RE: I hate the riaa too
By tastyratz on 5/10/2008 4:18:15 PM , Rating: 5
what I am saying,
is that the laws should be passed to allow the seizing of reproduction houses small and large without leaving the door open to harass the average joe seizing anything the **IAA's heart desires.

Its one thing that copying music is so controversial because it falls in a morally gray area with the general populous.
Talk about people reproducing those works and selling fakes on their own and you will get a general agreement from people that its wrong to do leaving no room for gray area - its a whole new class of intent.


Just like smoking!
By rsmech on 5/10/2008 11:18:53 PM , Rating: 3
I think they should have to post on every CD, DVD, or any form of digital media a big warning label. Just like the tobacco industry does. The only thing bigger than the warning could be the artist name.

Label should read:
WARNING, YOU DO NOT OWN WHAT YOU JUST PAID FOR. You cannot listen to it on your mp3 player, put in on a home server or listen to it on your home computer without the original media in the drive. You cannot let anyone listen to this music if it is not the original media. If you buy a CD you must also buy it in mp3 format for your player, if you buy it for your mp3 player you must buy the CD to listen in your car. REMEMBER YOU DO NOT OWN WHAT YOU JUST PAID FOR. IF YOU DO WE WILL FIND YOU!

I think this would clear up a lot for the consumer. Don't buy any artist who agrees with this business model.




RE: Just like smoking!
By kleinwl on 5/11/2008 1:44:32 PM , Rating: 2
Per the RIAA/MPAA you don't "buy" you rent the usage of a song in the media form it was provided. So, in reality, what the RIAA/MPAA would prefer would be a "pay per view/lisen" only offering. That whole CD thing was just because they couldn't figure out how to shove a jutebox in your car (the've got the electronic debiting down), so you have to pay for every lisen.

I don't have anything against a "pay per view/lisen" offering. I'm just offened by the ridiculous price they wish to charge for that view or lisen. Still, it's their business model... and if they want to go bankrupt it's their business.


Working off of “minor input” from the MPAA and RIAA
By SiN on 5/10/2008 11:12:41 AM , Rating: 2
I hate the MPAA and RIAA. I don't get how they try to enforce their will overseas, like here in the EU (e.g. The Pirate Bay). At least this seems to be a bootleg deterant and a good way to take action against thoses who bootleg, but i can easily trying to bend it in their favour for people who download a song and they try to sue for millions. Ridiculus needless to say.

They should just lower the cost of downloadable content, and or give people better quality content at the prices already set DRM free of course.

Arg... What can ya do!

I just plain hate them MPAA and RIAA people. I just do.




By SiN on 5/10/2008 11:14:14 AM , Rating: 2
sry... "i can easily see them trying to bend it in their favour."

Could we have an Edit function please DT??


now i know
By dare2savefreedom on 5/10/2008 12:59:01 PM , Rating: 1
now i know why there was a fight between 600 highschool students in la,
1 kid's dad was in the riaa and everyone wanted to kick his a$$.




RE: now i know
By lemonadesoda on 5/11/08, Rating: 0
RE: now i know
By theapparition on 5/12/2008 7:52:53 AM , Rating: 2
/Fail


Just like drugs....
By nvalhalla on 5/10/2008 12:45:55 PM , Rating: 2
Now they can seize your car for transporting pirate goods. How about your house, it's a piracy factory, right? Seize your bank accounts, it's piracy profits.

This system is already abused for drugs, I hate to see that expanded to a loosely defined "piracy". Does the CD case full of copied music (which I own but leave at home for safe keeping) count? What is the burden of proof? It is easy for the police to take your money and property and tell you that you can have it back once the DA decides to charge you. Which they don't have to do... Guess what? You don't get your stuff back. It is becoming a popular form of income for police departments. I guess the coffers are going to get bigger...




this can't be good
By Screwballl on 5/11/2008 10:02:47 PM , Rating: 2
This means access to perfectly legal uses of file charing networks and internet connections will suffer, all because some morons at RIAA got to some lawmakers.




Ban all Libraries
By NickF001 on 5/12/2008 5:33:17 PM , Rating: 2
Reading books that have not been paid for??

Viewing DVD's not purchased??

Listening to CD's??

This is an outrage!




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