/ Cory Doctorow / 11:15 am Wed Sep 24, 2008

DoJ to Congress: We've got better things to do than act as pro-bono lawyers for Hollywood, scrap the IP Enforcement proposal

Fred sez, "Yesterday, the DoJ sent a letter to Senators Specter and Leahy blasting the new civil enforcement provisions in the latest "IP enforcement" legislation, S.3325, pending in the Senate. The letter is a hum-dinger, pointing out that the bill would turn taxpayer-supported DoJ civil servants into pro bono lawyers for Hollywood."
We strongly oppose Title I of the bill, which not only authorizes the Attorney General to pursue civil remedies for copyright infringement, but to secure "restitution" damages and remit them to the private owners of infringed copyrights. First, civil copyright enforcement has always been the responsibility and prerogative of private copyright holders, and U.S. law already provides them with effective legal tools to protect their rights....

Second, Title 1's departure from the settled framework above could result in Department of Justice prosecutors serving as pro bono lawyers for private copyright holders regardless of their resources. In effect, taxpayer-supported Department lawyers would pursue lawsuits for copyright holders, with monetary recovery going to industry.

Third, the Department of Justice has limited resources to dedicate to particular issues, and civil enforcement actions would occur at the expense of criminal actions, which only the Department of Justice may bring. In an era of fiscal responsibility, the resources of the Department of Justice should be used for the public benefit, not on behalf of particular industries that can avail themselves of the existing civil enforcement provisions.

DoJ Agrees: IP Enforcement Bill is a Bad Idea (Thanks, Fred!)

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  1. The Bush Administration did this? I thought they wanted to use the sword of gov’t to benefit big business and limit freedom?

  2. In an era of fiscal responsibility, the resources of the Department of Justice should be used for the public benefit, not on behalf of particular industries that can avail themselves of the existing civil enforcement provisions.

    Ha! Take that, ye scurvy dogs!!

  6. “only authorizes the Attorney General to pursue civil remedies for copyright infringement”

    On first read I saw: “pursue EVIL remedies for copyright infringement”

    Muah ha ha ha.

  7. I thought Spector was still obsessed with ‘Spygate.’

    I’m glad he still finds time to try branding everyone with a number in addition to attempting to ruin the NFL.

    How does this man get elected? He’s certifiably insane. And wasn’t he on the Warren Comission?

  13. No, no, they’ve (FBI, DOJ) got it right. This proposed (by whom?) Law seeks to make a sucker out of Uncle Sam, in order to benefit those who would profit from YOUR culture, twice or even (horrific whores!) thrice.

  15. Big business wants all your money, anyway it can. Capitalism and communism will fail for the same reason, greed. There is no answer, only winners and losers.

  16. that’s a pretty galling piece of work by the **aa, especially when this other bs is going down and we’re all gonna eat a shit sandwich, they want us to eat a little more of the filling.

    rare kudos to the uberprosecutors, at least they seem to have gotten that one right.

  17. sounds like viacom and the rest of Big Greedy Media doesn’t feel like paying their teams of top-dollar lawyers to send the same DMCA takedown notices to youtube users over and over for the forseeable future. tough $#it!

  18. “…with monetary recovery going to industry.”

    At least they don’t pretend they would be working for the little guy.

  19. Thank god this is as unpopular with those in government as it is with me.

    I still wrote my senators and explained why I saw it as a problem to be safe (I didn’t use such cleverly critical wording, but the idea was similar); but, thankfully the hunch about this being a doomed proposition seems to be right.

  20. ENGINE HERE @ 7: Mostly because he’s been representing Pennsylvania for so long that people here have gotten used to him. For the most part he doesn’t make the news, so nobody will vote for the people who run against him, because he’s been in for so long and hasn’t completely screwed anything up that screws over PA.

    Which, I’d imagine, is how most clowns stay in Congress for decades at a time.

  21. “DOJ Pulls head out of ass, rips music industry bullyboys a new one”

    There’s a headline I never thought I’d see.

  22. So, does that mean only Big Content can use the DoJ, or would they have to represent every little schmoe (like me) with a potential copyright grievance?

    Peter

  23. they would have to represent everyone, and in fact it implied they were obligated to go looking for the infringements themselves. To which they rightly said: Umm what? You want me to ignore murderers to find out who ripped and posted Iron Man?

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