Goverment enforcement of copyright
One of the strengths/weakness (depending on whom you ask) of copyright law has long been that the government had no real roll in enforcing it. If someone was misusing your copyright, it’s your job to find them, sue them, and prove your case. The only real help the government provides is the court room.
However, this may soon change. There is a bill being introduced in the Senate that would grant the US Attorney General the ability to file civil law suits and the responsibility to enforce copyright. While there are some pluses to the bill (mostly to copyright holders like music labels and movie studios) the consequences of the bill are quite scary.
First, the government has significantly more resources than even the richest company. And since the government is not out to make a profit, there’s no “it’s not worth it financially” incentive to restrict suits. As a result, were likely to find the number of enforcement suits going way up. Personally, I don’t like that idea much at all.
More importantly though, this is breaking into some significant new legal ground. Traditionally, the government has been (in theory at least) a neutral party in the battle* between consumer rights and corporate profits. This bill would bring the government down strongly on the “wrong” side of that battle. It sets the government up as the enforcer of corporate policy and profits. Equally importantly, the government has traditionally had no roll in the enforcement of civil law. This bill will be opening a while new legal arena in terms of government involvement and possible prosecution. Do you really want the government suing you for libel? (Say of George W Bush or Hillary Clinton?) We’re heading in that direction folks.
* Yes “battle” is a slightly inflammatory term, but can you truthfully tell me its become anything less?
Further Reading:
Senators Announce New Intellectual Property Enforcement Bill
Posted by Richard Esguerra of the Electronic Frontier Foundation
Some of the articles best quotes are:
The real “problem” may be that some so-called “offenses” can’t be proven beyond a reasonable doubt, the standard for any crime. This new provision would allow the AG to sidestep that high burden of proof — a burden that gives the average citizen an important measure of protection from the overwhelming power of the government.
If the bill is passed, something as simple as taking your iPod to Mexico could be considered an infringement of the copyright owners’ distribution right.
Civil law (legal system)
From Wikipedia
Lawsuit
From Wikipedia