Justice Goes After Copyright Infringers

WASHINGTON, D.C. – If Attorney General John Ashcroft has his way any time soon, people who infringe on copyrights via the Internet might end up owing the federal government tens of thousands of dollars and jail time for that download of the latest Outkast single.

A bill that could shift the power to penalize file-sharers into the hands of the Department of Justice is scheduled for a vote from the U.S. Senate as early as next week.

Calling it the Protecting Intellectual Rights Against Theft and Expropriation Act of 2004 (Pirate Act), the bill amends federal copyright law to authorize the Attorney General to file civil action against any person who engages in copyright infringement.

The Pirate Act amends the No Electronic Theft Act of 1997, giving the DOJ less burden of proof when it comes to prosecuting infringers, which in turn would make it easier to build a case against some of the more active providers of illegal downloads, according to lawmakers in support of the bill.

Sponsor Sen. Patrick Leahy, D-Vermont and co-sponsor by Sen. Orrin Hatch, R-Utah are hoping the bill will deter file-sharers for generations to come, but only after federal prosecutors have used tens of thousands of peer-to-peer users as example.

"I doubt that any nongovernmental organization has the resources or moral authority to pursue such a campaign," Hatch said.

In some cases, file-sharers caught in the floodlights of federal prosecutions could face fines as steep as $100,000 and a possible jail sentence.

The Pirate Act has gained massive support from the Recording Industry Association of America as well as representatives for the Motion Picture Association of America, who would benefit from the law insofar as transferring the financial burden from their shoulders onto the federal government.

Critics of the bill, which include executives from some of the leading file-sharing companies like Kazaa and trade group P2P United, are charging that the Pirate Act has managed to move through the legislative process with unusual stealth after only just being introduced in March 25 of this year.

Kazaa and others also contend that the entertainment industry has greased palms in Washington to get the bill on the fast-track, and that ultimately it will be the tax payer who will end up bearing the cost for the landslide of federal prosecutions to come.

"For too long, federal prosecutors have been hindered in their pursuit of pirates, by the fact that they were limited to bringing criminal charges with high burdens of proof," Leahy said in an opening statement before the Senate. "In the world of copyright, a criminal charge is unusually difficult to prove because the defendant must have known that his conduct was illegal and he must have willfully engaged in the conduct anyway.

"For this reason prosecutors can rarely justify bringing criminal charges, and copyright owners have been left alone 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."

The Pirate Act also directs the Attorney General's office to develop a training program for Justice personnel to ensure that the law is properly implemented. The Justice would also be able to make use of some of the conditions of the U.S. Patriot Act, which includes the use of wiretaps to collect information on users.

Additionally, the RIAA and other industry trade organizations would be permitted to sue the same file-sharers the federal government already has.

Copyright © 2025 Adnet Media. All Rights Reserved. XBIZ is a trademark of Adnet Media.
Reproduction in whole or in part in any form or medium without express written permission is prohibited.

More News

AEBN Publishes Report on DP Trends

AEBN has published a report on DP and extreme penetration categories from its straight and gay theaters.

Free Speech Coalition Appoints Megan Stokes to Board of Directors

The Free Speech Coalition (FSC) announced today that it has appointed Megan Stokes to its Board of Directors.

FansRevenue Acquires DivaTraffic

FansRevenue has acquired web traffic service DivaTraffic.

AEBN Announces Peter Green as Top Male Boy/Girl Performer for Summer 2025

AEBN has revealed its top 10 male Boy/Girl performers for summer 2025, with Peter Green landing atop the leaderboard.

Spicey AI Relaunches Site, Debuts $Spicey Tokens

Interactive voice chat platform Spicey AI has relaunched its website and introduced $Spicey tokens.

FSC: Missouri Age Verification Rule Will Not Take Effect August 30

The Free Speech Coalition (FSC) announced that Missouri's proposed age verification legislation will not take effect on August 30, as it had originally estimated.

Little Caprice, Marcello Bravo to Co-Host 2025 XMA Europa Awards

XBIZ is pleased to announce that husband-and-wife duo Little Caprice and Marcello Bravo will co-host adult’s biggest night in Europe: the 2025 XMA Europa Awards on Sept. 4, in the epic climax to XBIZ’s fall events series.

Germany Will Block Payments to AV-Noncompliant Adult Sites as of Dec. 1

Starting Dec. 1, Germany will implement new rules prohibiting financial institutions from providing payment services to adult sites deemed to have inadequate age verification systems and making it easier for the government to target websites mirroring the content of such sites.

Jerkmate Joins Pineapple Support as Partner-Level Sponsor

Jerkmate has joined the ranks of over 70 adult businesses and organizations committing funds and resources to Pineapple Support.

FSC Launches Age Verification Toolkit for Adult Websites

The Free Speech Coalition (FSC) announced today that it has launched a comprehensive toolkit to help adult websites navigate age verification laws.

Show More