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Top Legislative Billing

Congress is hard at work on file sharing and digital copyright issues. Keep an eye on the following bills:

S 2560 (Inducing Infringement of Copyright Act) would hold technology and service companies liable if their products or devices were found to encourage or "induce" copyright violations, such as by making illegal copies of songs or movies. This legislation paints a virtual bull's-eye on P-to-P software vendors, but also could have far-reaching consequences for other copying technologies. The bill could go up for a vote this year.

HR 107 (Digital Media Consumers' Rights Act) would allow consumers to make backup copies of DVDs, an activity currently prohibited under the DMCA. It would also allow companies to create products that enable lawful copying or backing up of copyrighted content. The bill remains far from a vote, but could figure into the final crafting of the Induce Act.

S 2235 (Protecting Intellectual Rights Against Theft and Expropriation Act)--better known as the PIRATE Act--would enable the Department of Justice to bring civil suits against suspected copyright violators. Civil actions have a lower burden of proof than criminal proceedings, making meaningful penalties against violators much more likely. This act was recently passed by the Senate.

HR 4077 (Piracy Deterrence and Education Act), now in full committee, lowers the bar for proving criminal misconduct in the sharing of copyrighted content by electronic means. Individuals who "with reckless disregard" make more than 1000 works--or works with a value of more than $10,000--available for transfer can be jailed. It would also establish a public education program on copyright infringement.

Additional reporting provided by Liane Cassavoy and Mark Sullivan.