Bush signs law targeting P2P pirates
Published: April 27, 2005, 3:44 PM PDT
By Declan McCullagh
Staff Writer, CNET News.com
http://news.com.com/Bush+signs+law+targeting+P2P+pirates/2100-1028_3-5687495
.html?tag=nefd.top

File-swappers who distribute a single copy of a prerelease movie on the
Internet can be imprisoned for up to three years, according to a bill that
President Bush signed into law on Wednesday.

The Family Entertainment and Copyright Act, approved by the House of
Representatives last Tuesday, represents the entertainment industry's latest
attempt to thwart rampant piracy on file-swapping networks. Movies such as
"Star Wars: Episode II," "Tomb Raider" and "The Hulk," have been spotted
online before their theatrical release.

The law had drawn some controversy because it broadly says that anyone who
has even one copy of an unreleased film, software program or music file in a
shared folder could be subjected to prison terms and fines of up to three
years. Penalties would apply regardless of whether that file was downloaded
or not.

In a statement, Motion Picture Association of America president Dan Glickman
said he wanted to "thank the congressional sponsors of this legislation for
their strong advocacy for intellectual property rights."

The Family Entertainment and Copyright Act also includes sections
criminalizing the use of camcorders to record a movie in a theater, and
authorizing the use of technologies that can delete offensive content from a
film.

"The protection of intellectual property rights is vital to the movie
industry," said Rep. Lamar Smith, a Texas Republican who joined Bush for the
signing ceremony. "This bill is necessary to ensure that all those involved
in the production of a film, from the director to the set carpenter, are not
cheated."

The law's stiff penalties apply to "audiovisual" works, music and software
that are "being prepared for commercial distribution." It's not clear how
that would apply to fans who redistribute video files of TV shows aired in
other countries first, or movies like Shaolin Soccer and Japanese anime
flicks that can take years to arrive in the U.S. market.

While some public interest groups have criticized the measure, others
characterized it as a modest expansion to a 1997 law that made copyright
infringement a crime--even when no money changed hands.

Eric Goldman, who teaches copyright law at Marquette University Law School,
said that the Justice Department will likely wield its new criminal
enforcement powers responsibly. "I'm not as outraged by the (new law) as I
expected to be," Goldman wrote last week. 



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