[Infowarrior] - White House Opposes Expanded DOJ Copyright Enforcement

[Richard Forno]

White House Opposes Expanded DOJ Copyright Enforcement
By David Kravets EmailSeptember 24, 2008 | 12:55:08 PMCategories:  
Intellectual Property

http://blog.wired.com/27bstroke6/2008/09/bush-administra.html

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