WashingtonWatch.com - P.L. 110-403, The Enforcement of Intellectual Property Rights Act of 2008

Comment by gene (December 13, 2008, 01:00:00)

Sat, 13 Dec 2008 00:00:00 EST

Severe actions by the public like jury nullification has to begin. Both Directv and the RIAA have sued those they knew were innocent. When you sue an innocent person you have had to lie in the court complaint. The act of lying in a court complaint to force settlement money is a crime. The victim of that crime then asks government to protect them against the fraudulent filing. The plea oif the crime victim falls on deaf ears. Justice does nothing to assist in arresting directv or RIAA for fraudulent court filing for gains. In order to put Justice on the right side of the law and protect innocent people, people need to do just what justice has done in these cases. Ignore Justice. The next time you are a Juror or a witness, ignore justice just like justice has done to those innocent people sued by directv and the RIAA. When enough jurors and witness ignore justice, then justice will have to get back to there job of protecting innocent people from such fraudulent lawsuits....

Revision by webmaster (November 13, 2008, 01:00:00)

Thu, 13 Nov 2008 00:00:00 EST

S. 3325 would enhance remedies for violations of intellectual property laws.

Detailed Summary

Prioritizing Resources and Organization for Intellectual Property Act of 2008 - Title I: Enhancements to Civil Intellectual Property Laws - (Sec. 101) Amends federal copyright law to provide that copyright registration requirements apply to civil (not criminal) infringement actions and provide a safe harbor for copyright registrations that contain inaccurate information.

(Sec. 102) Allows a court, while an infringement action is pending, to impound records documenting the manufacture, sale, or receipt of related things, requiring a protective order to ensure that confidential, private, proprietary, or privileged information is not improperly disclosed or used.

Amends trademark seizure provisions to broaden protective order requirements.

(Sec. 103) Amends the Trademark Act to revise treble damages provisions and double statutory damages in counterfeiting cases.

(Sec. 104) Doubles statutory damage minimums and maximums for the use of counterfeit trademarks.

(Sec. 105) Makes exportation of copies or phonorecords without the copyright owner's authority an infringement. (Importation is already an infringement.)

Title II: Enhancements to Criminal Intellectual Property Laws - (Sec. 205) Imposes criminal penalties if, in intentionally trafficking in counterfeit goods or services, an offender knowingly or recklessly causes serious bodily injury or death.

Prohibits the transshipment or exportation of counterfeit goods or services and deems such acts to be violations of the Acts commonly referred to as the Trademark Act of 1946 or the Lanham Act.

(Sec. 206) Requires, for civil and criminal violations of certain provisions, the forfeiture and destruction of any articles involved, any property used in commission of the offense, and property constituting or derived from proceeds obtained directly or indirectly from the offense. (Those provisions relate to: (1) economic espionage involving trade secrets and benefiting any foreign government, instrumentality, or agent; (2) criminal copyright infringement; (3) trafficking in counterfeit goods or services; (4) unauthorized fixation of, and trafficking in, sound and video recordings of live musical performances; and (5) unauthorized recording of motion pictures.)

Requires, in addition, restitution for violation of such provisions.

(Sec. 208) Revises the penalties applicable to various criminal copyright violations.

Title III: Coordination and strategic Planning of Federal Effort Against Counterfeiting and Infringement - (Sec. 301) Directs the President to appoint an Intellectual Property Enforcement Coordinator (IPEC). Includes in the IPEC's duties chairing the interagency intellectual property enforcement advisory committee (IIPEAC) established by this Act and coordinating the development, and assisting in the implementation, of the IIPEAC's Joint Strategic Plan against counterfeiting and piracy.

(Sec. 303) Requires the Plan to include in its objectives: (1) reducing counterfeit and infringing goods in the domestic and international supply chain; (2) identifying and addressing structural weaknesses, systemic flaws, or other unjustified impediments to effective enforcement; (3) ensuring that information is identified and shared among the relevant departments and agencies; (4) disrupting and eliminating domestic and international counterfeiting and infringement networks; and (5) providing training and technical assistance to foreign governments to enhance those governments' enforcement of counterfeiting and infringement laws. Requires a report every three years to the House and Senate Judiciary and Appropriations Committees.

(Sec. 304) Requires an annual report to Congress on the IIPEAC's activities.

(Sec. 305) Amends the Treasury and General Government Appropriations Act, 2000 to repeal provisions establishing the National Intellectual Property Law Enforcement Coordination Council, effective on Senate confirmation of the IPEC.

(Sec. 306) Authorizes appropriations to carry out this title.

Title IV: Department of Justice Programs - (Sec. 401) Amends the Computer Crime Enforcement Act to allow existing grants to combat computer crime to be used for activities relating to infringement of copyrighted works over the Internet. Authorizes appropriations.

Authorizes the Office of Justice Programs of the Department of Justice (DOJ) to make grants for training, prevention, enforcement, and prosecution of intellectual property theft and infringement crimes. Authorizes appropriations.

(Sec. 402) Requires the Attorney General, subject to appropriations, to: (1) ensure that there are at least 10 additional operational Federal Bureau of Investigation (FBI) agents designated to support the DOJ's Computer Crime and Intellectual Property section on the investigation and coordination of intellectual property crimes; (2) increase by at least one the number of FBI agents supporting any DOJ Computer Hacking and Intellectual Property Crime Unit; (3) ensure that all such Units located at a U.S. Attorney's office are assigned at least two Assistant United States Attorneys; (4) ensure the implementation of a regular and comprehensive intellectual property training program; and (5) create and implement a comprehensive, long-range plan to investigate and prosecute international organized crime syndicates engaging in or supporting crimes relating to intellectual property theft. Authorizes appropriations.

(Sec. 403) Authorizes appropriations to hire and train law enforcement officers to investigate and prosecute intellectual property crimes and other crimes committed using information technology, including through the Internet, and to enable DOJ units to procure advanced tools of forensic science and expert computer forensic assistance to investigate, prosecute, and study such crimes.

(Sec. 404) Directs the Attorney General and the FBI's director each to report annually to Congress on actions to carry out this title.

Title V: Miscellaneous - (Sec. 501) Requires the Comptroller General to report to Congress on how the federal government could better protect the intellectual property of manufacturers by quantification of the impacts of imported and domestic counterfeit goods on the U.S. manufacturing industry and on the overall U.S. economy.

(Sec. 502) Requires the Comptroller General to report to the House and Senate Judiciary Committees on the Judiciary of the Senate and to the Committee on the Judiciary of the House of Representatives on: (1) the actions of the IPEC and the Attorney General in carrying out this Act; (2) any possible legislative, administrative, or regulatory changes to better achieve this Act's goals and purposes; (3) the effectiveness of any actions taken by the IPEC and the Attorney General to minimize duplicating the efforts, materials, facilities, and procedures of any other federal agency and to enhance efficiency and consistency in enforcing, investigating, or prosecuting intellectual property crimes; and (4) any actions to reduce duplication of efforts and increase that efficiency and consistency.

(Sec. 503) Expresses the sense of Congress that: (1) effective criminal enforcement of the intellectual property laws should be among the Attorney General's highest priorities; and (2) the Attorney General shall give priority to intellectual property theft cases with a nexus to terrorism and organized crime.

Expresses the sense of Congress that, with respect to criminal counterfeiting and infringement of computer software, the Attorney General should give priority to cases: (1) involving willful theft for commercial advantage or private financial gain; (2) where the theft is central to the viability of the commercial activity of the enterprise (or subsidiary) involved in the violation; (3) where the counterfeited or infringing goods or services enable unfair competition; or (4) where there is actual knowledge of the theft by the directors or officers of the enterprise.

Status of the Legislation

Latest Major Action: 10/2/2008: Presented to President.

Points in Favor

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Points Against

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Comment by Di (October 26, 2008, 01:00:00)

Sun, 26 Oct 2008 00:00:00 EDT

Think about it. If there is an author of musical works whose works have been infringed on by the likes of Jackson, Wonder, Clapton, Seal, Mike Post, Santana, Stevie being a repeat offender, and the victims of these infringements could never afford an attorney to pursue a copyright infringement case, where else does the victim have to go but to our government for relief? I write, knowing that this has been the case....

Revision by webmaster (October 7, 2008, 01:00:00)

Tue, 07 Oct 2008 00:00:00 EDT

S. 3325 would enhance remedies for violations of intellectual property laws.

Detailed Summary

Enforcement of Intellectual Property Rights Act of 2008 - Amends federal copyright law to: (1) authorize, in lieu of a criminal action, civil copyright enforcement by the Attorney General; (2) provide that copyright registration requirements apply to civil (not criminal) infringement actions; and (3) provide a safe harbor for copyright registrations that contain inaccurate information.

Amends the Trademark Act to: (1) revise treble damages provisions and double statutory damages in counterfeiting cases; and (2) prohibit the transshipment and exportation of goods bearing infringing marks.

Prohibits the importation (current law), transshipment, or exportation, without the authority of the owner of copyright, of copies or phonorecords.

Revises civil and criminal forfeiture provisions, including under the Economic Espionage Act.

Directs the President to appoint an Intellectual Property Enforcement Coordinator who shall: (1) chair the interagency intellectual property enforcement advisory committee established by this Act; and (2) coordinate the development, and assist in the implementation, of the Joint Strategic Plan against counterfeiting and piracy by such advisory committee.

Amends the Computer Crime Enforcement Act to allow existing grants to combat computer crime to be used for activities relating to infringement of copyrighted works over the Internet. Requires the Office of Justice Programs of the Department of Justice (DOJ) to make grants for training, prevention, enforcement, and prosecution of intellectual property theft and infringement crimes.

Requires the Federal Bureau of Investigation (FBI) to: (1) create an operational unit to work with the Computer Crime and Intellectual Property section of the DOJ on the investigation and coordination of complex intellectual property crimes; and (2) implement a comprehensive intellectual property crime program.

Directs the Attorney General to: (1) create a task force to develop and implement a comprehensive plan to investigate and prosecute international organized crime syndicates engaging in crimes relating to intellectual property theft; and (2) subject to appropriations, deploy five additional Intellectual Property Law Enforcement Coordinators in foreign countries.

Status of the Legislation

Latest Major Action: 10/2/2008: Presented to President.

Points in Favor

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Points Against

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Comment by Sayoko (October 6, 2008, 01:00:00)

Mon, 06 Oct 2008 00:00:00 EDT

Kevin, this bill was passed by 205 Dems and 176 GOPs. The Nays were 22 Dems and 19 GOPs. This is all about government control - Not Dem control. Let's get a grip and let the blame fall where it belongs....

Revision by webmaster (October 3, 2008, 01:00:00)

Fri, 03 Oct 2008 00:00:00 EDT

S. 3325 would enhance remedies for violations of intellectual property laws.

Detailed Summary

(Log in to edit the wiki and be the first to provide a detailed summary of the bill!)

Status of the Legislation

Latest Major Action: 10/2/2008: Presented to President.

Points in Favor

(Log in to edit the wiki and be the first to show why the bill should pass!)

Points Against

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Comment by CitizenCane (October 2, 2008, 01:00:00)

Thu, 02 Oct 2008 00:00:00 EDT

"Inalienable rights", huh? And what about my consumer rights? Can I buy government protection for those?...

Status as of October 2, 2008

Thu, 02 Oct 2008 00:00:00 EDT

10/2/2008: Presented to President.

Comment by bob_sacamento (October 1, 2008, 01:00:00)

Wed, 01 Oct 2008 00:00:00 EDT

recording artists get about 10 percent when you buy their cd, corporations get the lion's share, tell me thats right....

Revision by webmaster (September 29, 2008, 01:00:00)

Mon, 29 Sep 2008 00:00:00 EDT

S. 3325 would enhance remedies for violations of intellectual property laws.

Detailed Summary

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Status of the Legislation

Latest Major Action: 9/27/2008: House floor actions. Status: At the conclusion of debate, the chair put the question on the motion to suspend the rules. Mr. Conyers objected to the vote on the grounds that a quorum was not present. Further proceedings on the motion were postponed. The point of no quorum was withdrawn.

Points in Favor

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Points Against

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Revision by webmaster (September 29, 2008, 01:00:00)

Mon, 29 Sep 2008 00:00:00 EDT

S. 3325 would enhance remedies for violations of intellectual property laws.

Detailed Summary

(Log in to edit the wiki and be the first to provide a detailed summary of the bill!)

Status of the Legislation

Latest Major Action: 9/28/2008: Cleared for White House.

Points in Favor

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Points Against

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Comment by Love_Reading_Idiot_Postings (September 28, 2008, 01:00:00)

Sun, 28 Sep 2008 00:00:00 EDT

You are all outraged by how much the corporations are taking from your pockets but who put that money there? My guess - corporations that pay you for your labors. So why can't I, as a creator, get paid for my labor by every one of you freaks? "Inalienable rights", huh? Those are Life, Liberty, and the Pursuit of Happiness. It doesn't say The Realization of happiness, and it also doesn't say Lots of Free Sh*t....

Status as of September 28, 2008

Sun, 28 Sep 2008 00:00:00 EDT

9/28/2008: Cleared for White House.

Revision by webmaster (September 27, 2008, 01:00:00)

Sat, 27 Sep 2008 00:00:00 EDT

S. 3325 would enhance remedies for violations of intellectual property laws.

Detailed Summary

(Log in to edit the wiki and be the first to provide a detailed summary of the bill!)

Status of the Legislation

Latest Major Action: 9/26/2008: Held at the desk.

Points in Favor

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Points Against

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Status as of September 27, 2008

Sat, 27 Sep 2008 00:00:00 EDT

9/27/2008: House floor actions. Status: At the conclusion of debate, the chair put the question on the motion to suspend the rules. Mr. Conyers objected to the vote on the grounds that a quorum was not present. Further proceedings on the motion were postponed. The point of no quorum was withdrawn.

Comment by Dave (September 26, 2008, 01:00:00)

Fri, 26 Sep 2008 00:00:00 EDT

"When did we become a country for the corporation, by the corporation? " When we gave these artificial entities the same rights as living people. A corp should license from patent holders, not hold them. And corps can sue people?? WTF!!! Strip these artificial entities of the rights they so don't deserve....

Comment by Outraged_Citizen_00130165 (September 26, 2008, 01:00:00)

Fri, 26 Sep 2008 00:00:00 EDT

Oh joy, yet another shining example of irrefutable proof that every single last S.O.B in Congress is a corrupt waste of existence. This bill does nothing but help corporate America pinch more money out of the coffers of the hard-working everyday citizen. I can only hope that our economy does fail, and so badly that these bastards are affected just the same. Your business models are failing because you’re too god damned ignorant to face the reality that times have changed, and soon enough the outraged public hopefully will respond. However, (continued...)...

Comment by Outraged_Citizen_00130165 (September 26, 2008, 01:00:00)

Fri, 26 Sep 2008 00:00:00 EDT

(..cont.) I guess we’ll have to wait and see about that. This country is so scared of its own shadow at the slightest hint of danger we’ll revoke everyone’s Constitutional rights, damn near abolish the thing entirely, and let any fool masquerade about so long as they have a uniform and\or title indicative of authority. Last time I checked, the good people in charge of our security forces aren’t the most intelligent people around, and their ability to differentiate between threat and irritant is about as good as a dog’s ability to differentiate between its own tail and the cat next door; both needlessly chasing around nothing more than constant nuisances that have always been right in front of their face. If you support this bill you support the idea that I can walk into your home and take every piece of art off your wall because someone other than the original artist created the work. So please, let your support be known....

Status as of September 26, 2008

Fri, 26 Sep 2008 00:00:00 EDT

9/26/2008: Held at the desk.

Comment by Robin (September 16, 2008, 01:00:00)

Tue, 16 Sep 2008 00:00:00 EDT

I think your plea for different viewpoints on this bill are destined to go unanswered. Not because of a popular, well-written blog as you suggested, but purely on the merits of the legislation itself (of which there are none)...

Revision by webmaster (September 16, 2008, 01:00:00)

Tue, 16 Sep 2008 00:00:00 EDT

S. 3325 would enhance remedies for violations of intellectual property laws.

Detailed Summary

(Log in to edit the wiki and be the first to provide a detailed summary of the bill!)

Status of the Legislation

Latest Major Action: 9/15/2008: Placed on Senate Legislative Calendar under General Orders. Calendar No. 964.

Points in Favor

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Points Against

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Status as of September 15, 2008

Mon, 15 Sep 2008 00:00:00 EDT

9/15/2008: Placed on Senate Legislative Calendar under General Orders. Calendar No. 964.

Comment by Question It (September 12, 2008, 01:00:00)

Fri, 12 Sep 2008 00:00:00 EDT

I wonder how much 'quality' time Sen. Leahy spent with executives from the entertainment industry. The justice department is/was not meant to be the private police of the entertainment industry....

Comment by Corruption? (September 12, 2008, 01:00:00)

Fri, 12 Sep 2008 00:00:00 EDT

These guys coulndt be paid off could they? No way!...

Comment by Honest Abe (September 12, 2008, 01:00:00)

Fri, 12 Sep 2008 00:00:00 EDT

Once again, I'm simply disappointed in the lack of representation for the people in government. When did we become a country for the corporation, by the corporation? Such petty grievances should not be the concern of a governing body....