 Recent studies have shown that piracy may actually help the U.S. economy and that virtually every citizen commits some form of IP infringement on a daily basis. (Source: Learn Languages)
 Despite this, the Obama administration is firmly on the side of groups like the RIAA and MPAA and plans to crack down on infringers at home and abroad. (Source: CITV)
 Among its plans is to assist copyright organizations in prosecutory efforts, such as sending out threat/collection notices. The government also looks to legislation imminent infringement (thought crime), criminalization of P2P development, and criminalization of DRM bypassing later this year. (Source: Flickr)
"It's smash and grab, no different than a guy walking down Fifth Avenue and smashing the window at Tiffany's and reaching in and grabbing what's in the window." -- U.S. VP Joe Biden
While
they may never be able to truly defeat
piracy and drive it from the lurking depths of the internet,
copyright protection attack-dog organizations like the RIAA and MPAA
have long dreamed of the day when they would no longer have to pay
for their own copyright enforcement. Now that dream is on
the verge of coming true, thanks to the Obama administration.
After
countless lobbyist dollars from the music and film industry and a
brief "public review", the administration rolled out its
vision to fight piracy yesterday afternoon. U.S. Vice
President Joe Biden -- whose blunt speech has sometime left
him in trouble -- did not mince words.
He states,
"This is theft, clear and simple. It's smash and
grab, no different than a guy walking down Fifth Avenue and smashing
the window at Tiffany's and reaching in and grabbing what's in the
window."
The sound-byte comparing downloads to stealing
jewels from New York City's finest jeweler quickly lit up the
web. Bob Pisano, interim chief executive officer at the
Motion Picture Association of America praised the VP, "It
is especially critical that the United States has an effective
framework for protecting creative content online and enforcing
intellectual property rights in the digital environment."
According
to the Obama administration, the RIAA, and MPAA, the world economy is
pretty much doomed if we don't start prosecuting pirates at home and
abroad. Without such a crackdown, businesses will go bankrupt
the coalition argues. Biden states, "Piracy hurts, it
hurts our economy."
Interestingly, the statements seem to
fly in the face of a recent Government
Accountability Office study released to U.S. Congress
earlier this year, which concluded that there is virtually no
evidence for the claimed million dollar losses by the entertainment
industry. That study suggested that piracy could even benefit the
economy.
Another noteworthy study from three years back notes
that virtually every
citizen violates intellectual property laws in some way on a daily
basis.
The White House press release was full of buzz
phrases, but short on details. It did however indicate that the
U.S. government may increasingly monitor filesharing networks and
BitTorrent sites and assist media groups in their prosecution/threat
letter efforts. It speaks of improved "law enforcement
efforts at the Federal, state and local level."
The
biggest effort, though, will be devoted to cracking down on piracy
websites in the U.S. and overseas. The administration was short
on details of how exactly it would convince piracy-loving
nations like China to change their ways, but it did say it
would try to do so by "being as public as we possibly can"
about infringement.
The press release states, "As we
shine the spotlight on foreign governments that have rogue actors
doing illicit business within their borders, it's the government's
responsibility to respond."
Such efforts have shown mild
success. After lots of threats against the Swedish government
by the U.S., the European Union nation finally tried admins with the nation's largest torrent site The Pirate Bay last year and found
them guilty. The trial was later exposed to be a perversion
of the justice system, with the judge who gave the verdict have
multiple ties to copyright protection organizations. The
verdict -- $3M USD in damages and a year of hard prison time for the
admins -- is currently being appealed.
The White House's
vision is perhaps a prelude to the Anti-Counterfeiting
Trade Agreement, which will go before Congress later this year.
The bill would make P2P or BitTorrent client development a criminal
offense if the distributed software was used for infringement.
It also implements an interesting provision called "imminent
infringement", which allows the government to charge people who
they think might be about to infringe with a civil offense (for
example if you searched "torrent daft punk"). This is
among the first official "thought crime" provisions to be
proposed by the U.S. government. The bill also makes it
a criminal
offense to bypass DRM.
Ultimately, it should be
interesting to see how American taxpayers react to President Obama's
decision to spend their money on efforts to prosecute them and try to
choke out piracy at home and abroad, particularly when the current
evidence is inconclusive of its effects. One thing's for sure,
though. Top politicians on both
sides of
the aisle are firmly behind the music and movie industry anti-piracy
and money-collection efforts.
"Google fired a shot heard 'round the world, and now a second American company has answered the call to defend the rights of the Chinese people." -- Rep. Christopher H. Smith (R-N.J.)
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