US Senate looks to make illegal streaming a felony

The U.S. Senate Judiciary Committee has approved a bill that would make it a felony to stream copyrighted movies and TV episodes online. Sponsored by Senators Amy Klobuchar (D-Minn.) and John Cornyn (R-Texas), the Commercial Felony Streaming Act is actively supported by the entertainment industry and the trio of the Motion Picture Association of America (MPAA), the Independent Film & Television Alliance (IFTA) and the National Association of Theatre Owners (NATO) issued a joint press release with some deeply insightful comment. Drum roll please ....... Jean Prewitt, IFTA President & CEO said “The illegal streaming of motion pictures and television programming is as financially devastating for our industry as is illegal downloading” adding “Stealing is stealing, regardless of the means in which the product is being received. This legislation is a critical step forward in the piracy fight and we commend the Committee for their support. NATO President and CEO John Fithian said “We commend the Committee for moving this important piece of legislation for consideration by the Senate. It will close a gaping hole in the law and go far in protecting the livelihoods of theater employees from the threat posed by illegal streaming” adding the move would protect jobs in the sector. Finally Michael O’Leary, Executive Vice President, Government Affairs for the MPAA said “This bill will help ensure that the punishment for these site operators fits the crime, and we look forward to continuing to work with Members in the Senate and House towards its swift passage

In other news, Torrentfreak reports that a Canadian man who failed to appear to defend himself in a U.S. court has been found guilty of copyright infringement for uploading two adult films to a file-sharing network, and ordered to pay $60,000 in damages. And in China, three people have been jailed after being found guilty of infringing trade secrets regarding Apple’s iPad 2 six months before its release was publicly announced. The case concerned the head of a company that makes accessories for Apple’s iPad and other devices who offered a former employee and another then-active employee at iPad manufacturer Hon Hai incentives for information regarding the iPad 2. The trio were sentenced to jail terms of 18 months, 14 months, and 12 months, respectively.

http://mpaa.org/resources/76421ba8-c3e9-40de-bc0d-c39cedccb7f3.pdf

US IP Czar wants illegal streaming to be a felony

The White House's Intellectual Property Enforcement Coordinator, Victoria Espinel, has submitted 20 recommendations to Congress aimed at cracking down on copyright infringement on items ranging from drugs to music and military equipment – calling for more effective law enforcement and tougher penalties for people convicted of copyright infringement. In particular Espinel urged Congress to make illegally streaming copyrighted content online a felony saying that online piracy and counterfeiting are "significant concerns" for the White House causing "economic harm and threaten the health and safety of American consumers".

Espinel has recommended that Congress act to "clarify that infringement by streaming, or by means of other similar new technology, is a felony in appropriate circumstances." Bob Pisano, president of the Motion Picture Association of America (MPAA) commented "Closing the legal gap between two methods of equally destructive illegal behavior - unauthorized downloading and streaming -- adds more clarity to intellectual property law and, frankly, makes good common sense”.

Espinel own Report states that "Foreign-based and foreign-controlled websites and web services raise particular concerns for US enforcement efforts. We are aware that members of Congress share our goal of reducing online infringement and are considering measures to increase law enforcement authority to combat websites that are used to distribute or provide access to infringing products."
The list of proposals suggests that Congress legislates for longer sentences for many counterfeiting offenses, including selling fake military or law enforcement items, trade secrets and bogus drugs. The White House also calls for wiretap authority in counterfeiting and trademark investigations.

The recommendations gathered widespread praise from a range of groups, including the US Chamber of Commerce, which urged the Obama administration to make the US a "miserable place for counterfeiters and pirates". Perhaps unsurprisingly MPAA also applauded Espinel for "recognizing the danger posed to our workforce by theft, both in the online and physical marketplace, and by making the protection of the creative workers and their craft a top priority.

Espinel also included a proposal to allow a levy on terrestrial radio stations for playing recorded music in a move that will bring the USA into line with Europe and which drew support from the Recording Industry Association of America although US broadcasters were less than impressed.

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