Thursday, May 17, 2007

Gonzales proposes new crime: 'Attempted' copyright infringement

`` General Alberto R. Gonzales today highlighted the Justice Department’s ongoing efforts to protect intellectual property rights, and announced a comprehensive legislative proposal entitled the “Intellectual Property Protection Act of 2007,” before members of the U.S. Chamber of Commerce Coalition Against Counterfeiting and Piracy.``

The Intellectual Property Protection Act of 2007 would:

Increase the maximum penalty for counterfeiting offenses from 10 years to 20 years imprisonment where the defendant knowingly or recklessly causes or attempts to cause serious bodily injury, and increase the maximum penalty to life imprisonment where the defendant knowingly or recklessly causes or attempts to cause death;

  • Provide stronger penalties for repeat-offenders of the copyright laws;
  • Implement broad forfeiture reforms to ensure the ability to forfeit property derived from or used in the commission of criminal intellectual property offenses;
  • Strengthen restitution provisions for certain intellectual property crimes (e.g., criminal copyright and DMCA offenses);
  • Ensure that the exportation and transhipment of copyright-infringing goods is a crime, just as the exportation of counterfeit goods is now criminal.

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