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PRO-IP Act of 2007
To enhance remedies for violations of intellectual property laws, and for other purposes.
Other Bill Titles (6 more)Hide Other Bill Titles- Official: To enhance remedies for violations of intellectual property laws, and for other purposes. as introduced.
- Short: Prioritizing Resources and Organization for Intellectual Property Act of 2008 as passed house.
- Short: Prioritizing Resources and Organization for Intellectual Property Act of 2008 as reported to house.
- Short: Prioritizing Resources and Organization for Intellectual Property Act of 2007 as introduced.
- Popular: PRO-IP Act of 2007 as introduced.
- Popular: Pro-IP Act as introduced.
5/8/2008--Passed House amended. 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:
(1) provide a safe harbor for copyright registrations that contain inaccurate information, unless there was knowledge of the inaccurate information and the inaccuracy of the information, if known, would have caused the Register of Copyrights to refuse registration;
(2) provide that copyright registration requirements apply to civil (not criminal) infringement actions; and
(3) require courts to issue protective orders to prevent disclosure of seized records relating to copyright infringement.
(Sec. 104) Broadens the trademark infringement situations in which treble damages are allowed to include:
(1) intentionally inducing another to violate a trademark; and
(2) providing goods and services necessary to the commission of a violation with the intent that they be used in the violation. Doubles the minimum and maximum statutory damage limits for trademark infringement.
(Sec. 106) Prohibits the importing (current law), as well as the exporting, of infringing copies of copyrighted works. Title II: Enhancements to Criminal Intellectual Property Laws -
(Sec. 201) Amends the federal criminal code with respect to intellectual property to:
(1) revise criminal penalties for infringement of a copyright by permitting repeat felony violations to be interchangeable, for trafficking in counterfeit labels or packaging, and for causing serious bodily harm or death while trafficking in counterfeit goods or services; and
(2) revise current civil and criminal forfeiture provisions for copyright infringement, as well as add new restitution and forfeiture provisions.
(Sec. 203) Authorizes the United States Sentencing Commission to amend certain federal sentencing guidelines and policy statements regarding whether a defendant should receive an upward adjustment in the offense level on the grounds that exportation introduces infringing items into the stream of foreign commerce in a manner analogous to the manner in which manufacturing, importing, and uploading such items introduces them into the stream of commerce. Title III: Coordination and Strategic Planning of Federal Effort Against Counterfeiting and Piracy - Subtitle A: Office of the United States Intellectual Property Enforcement Representative -
(Sec. 301) Establishes within the Executive Office of the President the Office of the United States Intellectual Property Enforcement Representative (IP Enforcement Representative) to formulate a Joint Strategic Plan for combating counterfeiting and piracy of intellectual property and for coordinating national and international enforcement efforts to protect intellectual property rights. Prohibits the IP Enforcement Representative from controlling or directing any law enforcement agency in the exercise of its investigative or prosecutorial authority in particular cases. Establishes an interagency intellectual property enforcement advisory committee to develop the Joint Strategic Plan against counterfeiting and piracy under subtitle B of this title. Subtitle B: Joint Strategic Plan -
(Sec. 321) Requires the IP Enforcement Representative to submit a Joint Strategic Plan against counterfeiting and piracy to the President and specified congressional committees every three years. Requires that the plan include programs to provide training and technical assistance to foreign governments to enhance those governments' efforts to enforce counterfeiting and piracy laws.
(Sec. 322) Requires an annual report on the Office's activities to the President, Congress, and the people of the United States.
(Sec. 323) Repeals provisions establishing the National Intellectual Property Law Enforcement Coordination Council.
(Sec. 324) Authorizes appropriations to carry out this title. Title IV: International Enforcement and Coordination -
(Sec. 401) Directs the Under Secretary of Commerce for Intellectual Property and the Director of the U.S. Patent and Trademark Office (USPTO) to appoint at least 10 additional intellectual property attaches to work with foreign countries to combat counterfeiting and piracy of intellectual property. Sets forth provisions providing for the duties, assignment, and training of such attaches.
(Sec. 404) Requires the Department of Commerce's Inspector General to perform yearly audits of the intellectual property attaches and report to the House and Senate judiciary committees on the audit results, including regarding activities and effectiveness.
(Sec. 405) Authorizes appropriations for the training and support of the intellectual property attaches appointed under this title and of other Department of Commerce intellectual property attaches. Title V: Department of Justice Programs - Subtitle A: Coordination -
(Sec. 501) Establishes within the Department of Justice (DOJ) the Intellectual Property Enforcement Division to be headed by an Intellectual Property Enforcement Officer (IP Officer). Transfers to the Intellectual Property Enforcement Division the functions of the Computer Crime and Intellectual Property Section of the Criminal Division of the Department of Justice that relate to the enforcement of criminal laws regarding intellectual property rights and trade secrets. Requires that the Intellectual Property Law Enforcement Coordinators of the Department of Justice to whom this title applies also be in the Intellectual Property Enforcement Division. Subtitle B: Law Enforcement Resources -
(Sec. 511) Amends the Computer Crime Enforcement Act to:
(1) modify grant programs for combating computer crime to include infringement of copyrighted works over the Internet; and
(2) authorize appropriations for the grants. Directs the Office of Justice Programs of DOJ to make grants to state and local law enforcement agencies to combat intellectual property theft and infringement crimes. Authorizes appropriations.
(Sec. 512) Directs the Attorney General to:
(1) review Computer Hacking and Intellectual Property (CHIP) units, provide such units with additional support and resources, and coordinate unit activities with corresponding state and local activities; and
(2) direct each U.S. attorney to review policies for accepting or declining prosecutions of criminal cases involving intellectual property law violation.
(Sec. 514) Authorizes appropriations to carry out this subtitle. Subtitle C: International Activities -
(Sec. 521) Directs the Attorney General to deploy five additional Intellectual Property Law Enforcement Coordinators in foreign countries to protect the intellectual property rights of U.S. citizens. Authorizes appropriations.
(Sec. 522) Directs the Attorney General to increase DOJ training and assistance to foreign governments to combat counterfeiting and piracy of intellectual property. Authorizes appropriations. Subtitle D: Coordination, Implementation, and Reporting -
(Sec. 531) Requires the IP Officer to ensure that activities undertaken under this title are carried out in a way consistent with the Joint Strategic Plan.
(Sec. 532) Directs the Attorney General to report to the House and Senate judiciary committees on actions taken to carry out this title, including regarding the IP Officer's activities.
... morehide bill summarySee Full Bill Text
Sponsor
- Rep. John Conyers [D, MI-14]
- and 19 Co-Sponsors
- Rep. Howard Berman [D, CA-28]
- Rep. Mary Bono Mack [R, CA-45]
- Rep. Steven Chabot [R, OH-1]
- Rep. Howard Coble [R, NC-6]
- Rep. Steve Cohen [D, TN-9]
- Rep. Tom Feeney [R, FL-24]
- Rep. Elton Gallegly [R, CA-24]
- Rep. Robert Goodlatte [R, VA-6]
- Rep. Darrell Issa [R, CA-49]
- Rep. Sheila Jackson-Lee [D, TX-18]
- Rep. Ric Keller [R, FL-8]
- Rep. Mike Pence [R, IN-6]
- Rep. Adam Schiff [D, CA-29]
- Rep. Brad Sherman [D, CA-27]
- Rep. Lamar Smith [R, TX-21]
- Rep. Debbie Wasserman Schultz [D, FL-20]
- Rep. Diane Watson [D, CA-33]
- Rep. Melvin Watt [D, NC-12]
- Rep. Robert Wexler [D, FL-19]
Amendments
This bill has no amendments.
Amendments to H.R.4279
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Bill Status
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| Introduced |  | Voted on by House |  | Voted on by Senate | | Considered By President | | Bill Becomes Law |
| December 05, 2007 | May 08, 2008 |
Latest Vote
| May 08, 2008Roll call number 300 in the House | |||
| Question: On Motion to Suspend the Rules and Pass, as Amended: H R 4279 Prioritizing Resources and Organization for Intellectual Property Act of 2008 | |||
| Required percentage of 'Aye' votes: 2/3 (66%) | Percentage of 'aye' votes: 94% | Result: Passed | |
Democrats Voting 'Aye'
Rep. Neil Abercrombie [D, HI-1]Rep. Gary Ackerman [D, NY-5]
Rep. Thomas Allen [D, ME-1]
Rep. Jason Altmire [D, PA-4]
Rep. Robert Andrews [D, NJ-1]
Rep. Michael Arcuri [D, NY-24]
Rep. Joe Baca [D, CA-43]
Rep. Brian Baird [D, WA-3]
Rep. Tammy Baldwin [D, WI-2]
Rep. John Barrow [D, GA-12]
Rep. Melissa Bean [D, IL-8]
Rep. Xavier Becerra [D, CA-31]
Rep. Shelley Berkley [D, NV-1]
Rep. Howard Berman [D, CA-28]
Rep. Robert Berry [D, AR-1]
Rep. Sanford Bishop [D, GA-2]
Rep. Timothy Bishop [D, NY-1]
Rep. Earl Blumenauer [D, OR-3]
Rep. Dan Boren [D, OK-2]
Rep. Leonard Boswell [D, IA-3]
Rep. F. Allen Boyd [D, FL-2]
Rep. Nancy Boyda [D, KS-2]
Rep. Robert Brady [D, PA-1]
Rep. Bruce Braley [D, IA-1]
Rep. Corrine Brown [D, FL-3]
Rep. George Butterfield [D, NC-1]
Rep. Lois Capps [D, CA-23]
Rep. Michael Capuano [D, MA-8]
Rep. Dennis Cardoza [D, CA-18]
Rep. Russ Carnahan [D, MO-3]
Rep. Christopher Carney [D, PA-10]
Rep. André Carson [D, IN-7]
Rep. Kathy Castor [D, FL-11]
Rep. Ben Chandler [D, KY-6]
Rep. Yvette Clarke [D, NY-11]
Rep. William Clay [D, MO-1]
Rep. Emanuel Cleaver [D, MO-5]
Rep. James Clyburn [D, SC-6]
Rep. John Conyers [D, MI-14]
Rep. Jim Cooper [D, TN-5]
Rep. Jim Costa [D, CA-20]
Rep. Jerry Costello [D, IL-12]
Rep. Joe Courtney [D, CT-2]
Rep. Robert Cramer [D, AL-5]
Rep. Joseph Crowley [D, NY-7]
Rep. Henry Cuellar [D, TX-28]
Rep. Elijah Cummings [D, MD-7]
Rep. Artur Davis [D, AL-7]
Rep. Danny Davis [D, IL-7]
Rep. Lincoln Davis [D, TN-4]
Rep. Susan Davis [D, CA-53]
Rep. Peter DeFazio [D, OR-4]
Rep. Diana DeGette [D, CO-1]
Rep. William Delahunt [D, MA-10]
Rep. Rosa DeLauro [D, CT-3]
Rep. Norman Dicks [D, WA-6]
Rep. John Dingell [D, MI-15]
Rep. Lloyd Doggett [D, TX-25]
Rep. Joe Donnelly [D, IN-2]
Rep. Michael Doyle [D, PA-14]
Rep. Thomas Edwards [D, TX-17]
Rep. Keith Ellison [D, MN-5]
Rep. Brad Ellsworth [D, IN-8]
Rep. Rahm Emanuel [D, IL-5]
Rep. Eliot Engel [D, NY-17]
Rep. Anna Eshoo [D, CA-14]
Rep. Bob Etheridge [D, NC-2]
Rep. Sam Farr [D, CA-17]
Rep. Chaka Fattah [D, PA-2]
Rep. Bob Filner [D, CA-51]
Rep. Bill Foster [D, IL-14]
Rep. Barney Frank [D, MA-4]
Rep. Gabrielle Giffords [D, AZ-8]
Rep. Kirsten Gillibrand [D, NY-20]
Rep. Charles Gonzalez [D, TX-20]
Rep. Barton Gordon [D, TN-6]
Rep. Raymond Green [D, TX-29]
Rep. Al Green [D, TX-9]
Rep. Raul Grijalva [D, AZ-7]
Rep. John Hall [D, NY-19]
Rep. Phil Hare [D, IL-17]
Rep. Jane Harman [D, CA-36]
Rep. Alcee Hastings [D, FL-23]
Rep. Stephanie Herseth Sandlin [D, SD-0]
Rep. Brian Higgins [D, NY-27]
Rep. Baron Hill [D, IN-9]
Rep. Maurice Hinchey [D, NY-22]
Rep. Rubén Hinojosa [D, TX-15]
Rep. Mazie Hirono [D, HI-2]
Rep. Paul Hodes [D, NH-2]
Rep. Tim Holden [D, PA-17]
Rep. Rush Holt [D, NJ-12]
Rep. Michael Honda [D, CA-15]
Rep. Darlene Hooley [D, OR-5]
Rep. Steny Hoyer [D, MD-5]
Rep. Jay Inslee [D, WA-1]
Rep. Steve Israel [D, NY-2]
Rep. Jesse Jackson [D, IL-2]
Rep. Sheila Jackson-Lee [D, TX-18]
Rep. William Jefferson [D, LA-2]
Rep. Eddie Johnson [D, TX-30]
Rep. Henry Johnson [D, GA-4]
Rep. Stephanie Jones [D, OH-11]
Rep. Steve Kagen [D, WI-8]
Rep. Paul Kanjorski [D, PA-11]
Rep. Marcy Kaptur [D, OH-9]
Rep. Patrick Kennedy [D, RI-1]
Rep. Dale Kildee [D, MI-5]
Rep. Carolyn Kilpatrick [D, MI-13]
Rep. Ronald Kind [D, WI-3]
Rep. Ron Klein [D, FL-22]
Rep. Nicholas Lampson [D, TX-22]
Rep. James Langevin [D, RI-2]
Rep. Rick Larsen [D, WA-2]
Rep. John Larson [D, CT-1]
Rep. Barbara Lee [D, CA-9]
Rep. Sander Levin [D, MI-12]
Rep. John Lewis [D, GA-5]
Rep. Daniel Lipinski [D, IL-3]
Rep. Nita Lowey [D, NY-18]
Rep. Tim Mahoney [D, FL-16]
Rep. Carolyn Maloney [D, NY-14]
Rep. Edward Markey [D, MA-7]
Rep. James Marshall [D, GA-8]
Rep. Jim Matheson [D, UT-2]
Rep. Doris Matsui [D, CA-5]
Rep. Carolyn McCarthy [D, NY-4]
Rep. Betty McCollum [D, MN-4]
Rep. James McDermott [D, WA-7]
Rep. James McGovern [D, MA-3]
Rep. Mike McIntyre [D, NC-7]
Rep. Jerry McNerney [D, CA-11]
Rep. Michael McNulty [D, NY-21]
Rep. Kendrick Meek [D, FL-17]
Rep. Gregory Meeks [D, NY-6]
Rep. Charles Melancon [D, LA-3]
Rep. Michael Michaud [D, ME-2]
Rep. George Miller [D, CA-7]
Rep. R. Bradley Miller [D, NC-13]
Rep. Harry Mitchell [D, AZ-5]
Rep. Alan Mollohan [D, WV-1]
Rep. Dennis Moore [D, KS-3]
Rep. James Moran [D, VA-8]
Rep. Christopher Murphy [D, CT-5]
Rep. Patrick Murphy [D, PA-8]
Rep. John Murtha [D, PA-12]
Rep. Jerrold Nadler [D, NY-8]
Rep. Grace Napolitano [D, CA-38]
Rep. Richard Neal [D, MA-2]
Rep. James Oberstar [D, MN-8]
Rep. David Obey [D, WI-7]
Rep. John Olver [D, MA-1]
Rep. Solomon Ortiz [D, TX-27]
Rep. Frank Pallone [D, NJ-6]
Rep. William Pascrell [D, NJ-8]
Rep. Edward Pastor [D, AZ-4]
Rep. Donald Payne [D, NJ-10]
Rep. Ed Perlmutter [D, CO-7]
Rep. Collin Peterson [D, MN-7]
Rep. Earl Pomeroy [D, ND-0]
Rep. David Price [D, NC-4]
Rep. Nick Rahall [D, WV-3]
Rep. Charles Rangel [D, NY-15]
Rep. Silvestre Reyes [D, TX-16]
Rep. Ciro Rodriguez [D, TX-23]
Rep. Mike Ross [D, AR-4]
Rep. Steven Rothman [D, NJ-9]
Rep. Lucille Roybal-Allard [D, CA-34]
Rep. C.A. Dutch Ruppersberger [D, MD-2]
Rep. Timothy Ryan [D, OH-17]
Rep. John Salazar [D, CO-3]
Rep. Linda Sanchez [D, CA-39]
Rep. Loretta Sanchez [D, CA-47]
Rep. John Sarbanes [D, MD-3]
Rep. Janice Schakowsky [D, IL-9]
Rep. Adam Schiff [D, CA-29]
Rep. Allyson Schwartz [D, PA-13]
Rep. David Scott [D, GA-13]
Rep. Robert Scott [D, VA-3]
Rep. José Serrano [D, NY-16]
Rep. Joe Sestak [D, PA-7]
Rep. Carol Shea-Porter [D, NH-1]
Rep. Brad Sherman [D, CA-27]
Rep. Heath Shuler [D, NC-11]
Rep. Albio Sires [D, NJ-13]
Rep. Ike Skelton [D, MO-4]
Rep. Louise Slaughter [D, NY-28]
Rep. Adam Smith [D, WA-9]
Rep. Victor Snyder [D, AR-2]
Rep. Hilda Solis [D, CA-32]
Rep. Zackary Space [D, OH-18]
Rep. Jackie Speier [D, CA-12]
Rep. John Spratt [D, SC-5]
Rep. Fortney Stark [D, CA-13]
Rep. Bart Stupak [D, MI-1]
Rep. Betty Sutton [D, OH-13]
Rep. John Tanner [D, TN-8]
Rep. Ellen Tauscher [D, CA-10]
Rep. Gene Taylor [D, MS-4]
Rep. Bennie Thompson [D, MS-2]
Rep. C. Michael Thompson [D, CA-1]
Rep. John Tierney [D, MA-6]
Rep. Edolphus Towns [D, NY-10]
Rep. Niki Tsongas [D, MA-5]
Rep. Mark Udall [D, CO-2]
Rep. Tom Udall [D, NM-3]
Rep. Christopher Van Hollen [D, MD-8]
Rep. Nydia Velazquez [D, NY-12]
Rep. Peter Visclosky [D, IN-1]
Rep. Timothy Walz [D, MN-1]
Rep. Debbie Wasserman Schultz [D, FL-20]
Rep. Maxine Waters [D, CA-35]
Rep. Diane Watson [D, CA-33]
Rep. Melvin Watt [D, NC-12]
Rep. Henry Waxman [D, CA-30]
Rep. Anthony Weiner [D, NY-9]
Rep. Peter Welch [D, VT-0]
Rep. Robert Wexler [D, FL-19]
Rep. Charles Wilson [D, OH-6]
Rep. Lynn Woolsey [D, CA-6]
Rep. David Wu [D, OR-1]
Rep. Albert Wynn [D, MD-4]
Rep. John Yarmuth [D, KY-3]
Republicans Voting 'Aye'
Rep. Robert Aderholt [R, AL-4]Rep. W. Todd Akin [R, MO-2]
Rep. Rodney Alexander [R, LA-5]
Rep. Michele Bachmann [R, MN-6]
Rep. James Barrett [R, SC-3]
Rep. Roscoe Bartlett [R, MD-6]
Rep. Joe Barton [R, TX-6]
Rep. Judy Biggert [R, IL-13]
Rep. Brian Bilbray [R, CA-50]
Rep. Gus Bilirakis [R, FL-9]
Rep. Rob Bishop [R, UT-1]
Rep. Marsha Blackburn [R, TN-7]
Rep. Roy Blunt [R, MO-7]
Rep. John Boehner [R, OH-8]
Rep. Jo Bonner [R, AL-1]
Rep. Mary Bono Mack [R, CA-45]
Rep. John Boozman [R, AR-3]
Rep. Charles Boustany [R, LA-7]
Rep. Kevin Brady [R, TX-8]
Rep. Paul Broun [R, GA-10]
Rep. Henry Brown [R, SC-1]
Rep. Virginia Brown-Waite [R, FL-5]
Rep. Vern Buchanan [R, FL-13]
Rep. Michael Burgess [R, TX-26]
Rep. Dan Burton [R, IN-5]
Rep. Stephen Buyer [R, IN-4]
Rep. Ken Calvert [R, CA-44]
Rep. David Camp [R, MI-4]
Rep. Christopher Cannon [R, UT-3]
Rep. Eric Cantor [R, VA-7]
Rep. John Carter [R, TX-31]
Rep. Michael Castle [R, DE-0]
Rep. Steven Chabot [R, OH-1]
Rep. Howard Coble [R, NC-6]
Rep. Tom Cole [R, OK-4]
Rep. K. Michael Conaway [R, TX-11]
Rep. Ander Crenshaw [R, FL-4]
Rep. Barbara Cubin [R, WY-0]
Rep. John Culberson [R, TX-7]
Rep. Thomas Davis [R, VA-11]
Rep. Geoff Davis [R, KY-4]
Rep. David Davis [R, TN-1]
Rep. Nathan Deal [R, GA-9]
Rep. Charles Dent [R, PA-15]
Rep. Lincoln Diaz-Balart [R, FL-21]
Rep. Mario Diaz-Balart [R, FL-25]
Rep. Thelma Drake [R, VA-2]
Rep. David Dreier [R, CA-26]
Rep. Vernon Ehlers [R, MI-3]
Rep. Jo Ann Emerson [R, MO-8]
Rep. Philip English [R, PA-3]
Rep. Terry Everett [R, AL-2]
Rep. Mary Fallin [R, OK-5]
Rep. Tom Feeney [R, FL-24]
Rep. Michael Ferguson [R, NJ-7]
Rep. James Forbes [R, VA-4]
Rep. Jeffrey Fortenberry [R, NE-1]
Rep. Vito Fossella [R, NY-13]
Rep. Virginia Foxx [R, NC-5]
Rep. Trent Franks [R, AZ-2]
Rep. Rodney Frelinghuysen [R, NJ-11]
Rep. Elton Gallegly [R, CA-24]
Rep. E. Scott Garrett [R, NJ-5]
Rep. Jim Gerlach [R, PA-6]
Rep. John Gingrey [R, GA-11]
Rep. Louis Gohmert [R, TX-1]
Rep. Virgil Goode [R, VA-5]
Rep. Robert Goodlatte [R, VA-6]
Rep. Kay Granger [R, TX-12]
Rep. Samuel Graves [R, MO-6]
Rep. Ralph Hall [R, TX-4]
Rep. Robin Hayes [R, NC-8]
Rep. Dean Heller [R, NV-2]
Rep. Jeb Hensarling [R, TX-5]
Rep. David Hobson [R, OH-7]
Rep. Peter Hoekstra [R, MI-2]
Rep. Kenny Hulshof [R, MO-9]
Rep. Duncan Hunter [R, CA-52]
Rep. Bob Inglis [R, SC-4]
Rep. Darrell Issa [R, CA-49]
Rep. Samuel Johnson [R, TX-3]
Rep. Timothy Johnson [R, IL-15]
Rep. Walter Jones [R, NC-3]
Rep. Jim Jordan [R, OH-4]
Rep. Ric Keller [R, FL-8]
Rep. Peter King [R, NY-3]
Rep. Steve King [R, IA-5]
Rep. Jack Kingston [R, GA-1]
Rep. Mark Kirk [R, IL-10]
Rep. John Kline [R, MN-2]
Rep. Joseph Knollenberg [R, MI-9]
Rep. John Kuhl [R, NY-29]
Rep. Ray LaHood [R, IL-18]
Rep. Doug Lamborn [R, CO-5]
Rep. Thomas Latham [R, IA-4]
Rep. Steven LaTourette [R, OH-14]
Rep. Robert Latta [R, OH-5]
Rep. Jerry Lewis [R, CA-41]
Rep. Ron Lewis [R, KY-2]
Rep. John Linder [R, GA-7]
Rep. Frank LoBiondo [R, NJ-2]
Rep. Frank Lucas [R, OK-3]
Rep. Daniel Lungren [R, CA-3]
Rep. Connie Mack [R, FL-14]
Rep. Donald Manzullo [R, IL-16]
Rep. Kenny Marchant [R, TX-24]
Rep. Kevin McCarthy [R, CA-22]
Rep. Michael McCaul [R, TX-10]
Rep. Thaddeus McCotter [R, MI-11]
Rep. James McCrery [R, LA-4]
Rep. Patrick Mchenry [R, NC-10]
Rep. John McHugh [R, NY-23]
Rep. Howard McKeon [R, CA-25]
Rep. Cathy McMorris Rodgers [R, WA-5]
Rep. John Mica [R, FL-7]
Rep. Candice Miller [R, MI-10]
Rep. Gary Miller [R, CA-42]
Rep. Jeff Miller [R, FL-1]
Rep. Jerry Moran [R, KS-1]
Rep. Tim Murphy [R, PA-18]
Rep. Marilyn Musgrave [R, CO-4]
Rep. Sue Myrick [R, NC-9]
Rep. Randy Neugebauer [R, TX-19]
Rep. Devin Nunes [R, CA-21]
Rep. Steven Pearce [R, NM-2]
Rep. Mike Pence [R, IN-6]
Rep. John Peterson [R, PA-5]
Rep. Thomas Petri [R, WI-6]
Rep. Charles Pickering [R, MS-3]
Rep. Joseph Pitts [R, PA-16]
Rep. Todd Platts [R, PA-19]
Rep. Jon Porter [R, NV-3]
Rep. Tom Price [R, GA-6]
Rep. Deborah Pryce [R, OH-15]
Rep. Adam Putnam [R, FL-12]
Rep. George Radanovich [R, CA-19]
Rep. James Ramstad [R, MN-3]
Rep. Ralph Regula [R, OH-16]
Rep. Dennis Rehberg [R, MT-0]
Rep. Dave Reichert [R, WA-8]
Rep. Rick Renzi [R, AZ-1]
Rep. Thomas Reynolds [R, NY-26]
Rep. Harold Rogers [R, KY-5]
Rep. Michael Rogers [R, AL-3]
Rep. Michael Rogers [R, MI-8]
Rep. Dana Rohrabacher [R, CA-46]
Rep. Peter Roskam [R, IL-6]
Rep. Ileana Ros-Lehtinen [R, FL-18]
Rep. Edward Royce [R, CA-40]
Rep. Paul Ryan [R, WI-1]
Rep. Bill Sali [R, ID-1]
Rep. H. James Saxton [R, NJ-3]
Rep. Jean Schmidt [R, OH-2]
Rep. F. James Sensenbrenner [R, WI-5]
Rep. Peter Sessions [R, TX-32]
Rep. John Shadegg [R, AZ-3]
Rep. Christopher Shays [R, CT-4]
Rep. John Shimkus [R, IL-19]
Rep. William Shuster [R, PA-9]
Rep. Michael Simpson [R, ID-2]
Rep. Christopher Smith [R, NJ-4]
Rep. Lamar Smith [R, TX-21]
Rep. Adrian Smith [R, NE-3]
Rep. Mark Souder [R, IN-3]
Rep. Clifford Stearns [R, FL-6]
Rep. John Sullivan [R, OK-1]
Rep. Thomas Tancredo [R, CO-6]
Rep. Lee Terry [R, NE-2]
Rep. William Thornberry [R, TX-13]
Rep. Todd Tiahrt [R, KS-4]
Rep. Patrick Tiberi [R, OH-12]
Rep. Michael Turner [R, OH-3]
Rep. Frederick Upton [R, MI-6]
Rep. Timothy Walberg [R, MI-7]
Rep. Greg Walden [R, OR-2]
Rep. James Walsh [R, NY-25]
Rep. Zach Wamp [R, TN-3]
Rep. David Weldon [R, FL-15]
Rep. Gerald Weller [R, IL-11]
Rep. Edward Whitfield [R, KY-1]
Rep. Addison Wilson [R, SC-2]
Rep. Heather Wilson [R, NM-1]
Rep. Rob Wittman [R, VA-1]
Rep. Frank Wolf [R, VA-10]
Rep. C. W. Bill Young [R, FL-10]
Democrats Voting 'Nay'
Rep. Frederick Boucher [D, VA-9]Rep. Dennis Kucinich [D, OH-10]
Rep. Zoe Lofgren [D, CA-16]
Rep. Gwen Moore [D, WI-4]
Republicans Voting 'Nay'
Rep. John Doolittle [R, CA-4]Rep. John Duncan [R, TN-2]
Rep. Jeff Flake [R, AZ-6]
Rep. Ronald Paul [R, TX-14]
Rep. Ted Poe [R, TX-2]
Rep. Lynn Westmoreland [R, GA-3]
Rep. Donald Young [R, AK-0]
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This bill would burden the federal government with a new "Intellectual Property Enforcement Division," diverting the Justice Department's attention from more pressing enforcement matters.
Federal enforcement further externalizes the cost of intellectual property from its rights-holders onto the general public. If IP protection costs too much for the rights-holders to bear themselves, perhaps it isn't worth its cost to society.
Creating a division that is funded and run by the federal government to deal with issues of intellectual property enforcement does make everyone (the public) feel like the government and Hollywood is taking this issue even more seriously. The funds and manpower to back up the division is the innovation here. Hollywood is winning over some of those in office and winning some public dollars at the same time. On a really basic level, Hollywood is waging a war of paradigms -- they want people to understand their point of view, though it seems the internet is shifting the business model and millions of people just don't see their point.
One might also ask why IP-related punishments need to be increased at all. Civil remedies are already grossly disproportionate and criminal remedies include jail time... is there a reason to divert resources toward this project? In response to wseltzer, I agree and worry further that IP "enforcement" can be *too* low. See, for example, the U.S. recording industry's actions against alleged infringers on P2P networks. Tens of thousands of "pre-litigation" letters later, the RIAA has grossed tens of millions of dollars. And none of it goes to the artists they represent. To me, this does not look like an industry in need of extra enforcement powers.
For additional information, see this post from Bill Patry, copyright lawyer for Google: <a href="http://williampatry.blogspot.com/2007/12/what-does-it-mean-to-be-pro-ip.html">What Does it Mean to Be Pro IP?</a>
From EFF's coverage of this bill:
"Unfortunately, the PRO IP Act is just another in a long line of "one-way ratchet" proposals that amplifies copyright without protecting innovators or technology users. One provision, entitled "Computation of Statutory Damages in Copyright Cases," seems aimed at allowing the music industry to threaten even higher statutory damages in its campaign to sue filesharers. Copyright law currently allows the RIAA to seek statutory damages per album, while the new law would allow them to seek damages per song. Under the new limits proposed by the PRO IP Act, someone who downloads each individual track from Guns N' Roses' 12-track Appetite for Destruction album could face a maximum statutory penalty of $360,000; as opposed to the current limit of $30,000 for the album.
Beyond its effects on file sharing litigation, the bill would create a new, taxpayer-funded federal bureaucracy focused on policing intellectual property domestically and overseas, including:
a United States Intellectual Property Enforcement Representative, appointed by the President,
an Intellectual Property Enforcement Division in the Department of Justice, and
additional intellectual property attachés to staff U.S. embassies.
These new federal bureaucrats would essentially have one responsibility -- protecting the business interests of the biggest names in movies, music, and software. All of these industries are profitable, many of the corporations are foreign, and yet they want the American taxpayer to pick up the tab. Surely, Americans would rather see their tax dollars spent helping businesses and individuals who don't have ample means to help themselves."
One more online resource for this bill, this one by Public Knowledge:
<http://www.publicknowledge.org/node/1298>
EFF's coverage is very helpful. It's hard to imagine this one-way ratchet being turned the other direction, however. We've got a strong alliance in this country between law enforcement, content owners, and network providers - all of whom, for different reasons, want to support strong/stronger IP protection.
One more move by people in power to persecute those without power. If there is any real crime being committed, it would be by those who explicitly profit off the use of copywritten materials. There probably should be a more rational set of rules to regulate the fair distriubtion of money generated by the use of said materials, but this is not what is being proposed in this legislation. It is more lawsuits aimed at the unwitting parents of teenaged and college downloaders. The strategy is to go after the little guy. Is it right to penalize someone with no money, who in downloading media for personal use profited in no direct financial way with fines of hundreds of thousands of dollars?
How is downloading a file any different than making a copy of a tape for a friend, taping a movie or tv show off the television, photocopying a book or magazine in the library, or recording a song off the radio? With increased technology, there is increased quality in the copies, but fundamentally making a copy for personal use has always been a fundamental part of media exchange in our society.
Downloading is already widespread and ubiquitous. It is too late to turn back the clock with draconian threats that can only be enforced like a lottery. To rachet enforcement directly implies the corrosion of privacy. Downloaded files will have to be traced to your computer by increasingly invasive tactics of hacking your files and tracking your every move in cyberspace. Is this the internet's promise of freedom? i hope not.
410 to 10? No dissent by our representatives? No mention of this critical vote in the mainstream media? What is going on here? What do you think a public opinion poll of this would be? Do we really want our children, friends and relatives to continue to be subjected to crippling fines of hundreds of thousands of dollars?
We need more than 10 rational heads in congress. Is that too much to ask for?
The only egregious crime is the death of the record business by a bunch of excusing theft thieves.
Record Business...what part of business don't you understand?
Go book some studio time, market the record, front all the costs and then have your CD ripped and spun to the World for free. Then when you're holding YOUR ASS in YOUR HANDS come crying to me about how bad the "mean business people suck."
Ripping CD's, DVD's is theft. Hey maybe I should still your bike, car etc. after all I don't have enough of them !
Don't support the Artists and Artisans that create the product...Steal It !
Puhleeeeeezzzzzzz.
I've seen the following in Washington Post, May 1st:
1. The Justice Dept. warns that the new IP czar would "undermine" its independence. JD also blasted the bill after it was introduced, calling it unnecessary and worrying that an enforcement position at the Cabinet level could become easily politicized.
2. White House spokesman Tony Fratto said, "The White House has very serious concerns with the legislation."
3. The tech community doesn't like it either. William Patry, senior copyright lawyer for Google, who called [the initial draft] the most "outrageously gluttonous IP bill ever introduced in the U.S." in a posting on his blog in December. (Patry seems to be somewhat calmer about the present form, but maybe just numb)
4. The people in this article who like it were NBC, MPAA and RIAA. My experience has been that they are a precise reverse barometer of my interests; everything they ever wanted seems to poison what I want (and I say that as a performing artist myself).
5. Even the NBC Universal general counsel Rick Cotton, head of the U.S. Chamber of Commerce Coalition Against Counterfeiting and Piracy, said the U.S.-based campaigns of the MPAA and RIAA don't reach every potential pirate, particularly those overseas. The real piracy (other than sleazy contracts and creative accounting the music industry pulls on its artists while claiming to "protect" them) is done mainly in Russia and China, with some other countries being added to the list. H.R.4279 is just a tethered dog annoyingly barking out at the unconcerned world outside its yard.
Looking to another source I trust much more, the EFF, I see that they are using words like "outrageous", "unnecessary" and "ridiculous" to describe this piece of... err, legislation.
I mentioned that I'm a performing (and recording) artist. The last thing I want is for some kid to have his doors busted in, and his parents' property (is it true they could even lose their home?!?) for illegally obtaining or using one of my songs. I want nothing to do with that threat or the kind of people who would make it. Entertainment is, sick though this may be, one of the few things we're allowed to make each other feel good legally. Finding more ways to make it illegal is just retarded; spending tax money to do it, even more so.
Look at our national debt. Go ahead, look.
http://www.brillig.com/debt_clock/ :: pretty accurate
http://www.treasurydirect.gov/NP/BPDLogin?application=np ::officially accurate to the penny
Now, is this really the time to spend more taxpayer money, run up more debt, create additional government, just to make the entertainment industry happy, even over the objections of the Dept. of Justice? Don't we have more important things to do? I can think of plenty of real life-threatening situations here and now that need our immediate attention; repairing bridges and fixing the runaway costs of greedy healthcare, just to name a couple. Whoever voted for this bill is an idiot, but there's always hope that there are fewer idiots in the Senate. Please.
This is a 'guilty until proven innocent' law. They take your equipment and / or house until they figure out whether or not you've stolen mp3s, software, etc?
It's another example of having one special interest group, the RIAA, not getting enough out of it's court settlements so now it needs a law to take your house away... private property rights have been dying off for a while now. This is nothing new.
I expect nothing less from the socialist environment that permeates our current government. Just wait until January 2008... it WILL get worse.
Wait until the next administration announces the new "WAR ON IP THEFT"
Sony Bono was responsible for creating the Mickey Mouse Bill and passing it, if memory serves me correctly. It extends copyright to 75 years past an authors death, or 100 years when granted to a corporation. It was passed just before Mickey was do to go off copyright, a right that Disney acquired or stole from someone without compensation. Thanks to Disney we do not have access to the books, movies and creative works which copyright was originally enacted. Originally it was 20 years before becoming the property of the public not 75 years past an authors death. Just think of all the knowledge being withheld from the public because of these special interests.
If this bill passes Senate, The RIAA, The MPAA, and the celebrities will now take your and either keep them or sell them to illegal immigrants. The RIAA, The MPAA and the celebrities are the supporters of the New World Order and the North American Union. They can put a support vote in order for the NAU to be implemented with no opposition allowed because we'll all be put in Labor Camps for crimes we haven't not committed even if we're innocent of copyright infringement.
The litany of excuses for stealing private property is appalling.
The Music and Film/TV businesses can't survive without making money, neither can any businesses.
Free Mercedes for everyone !
There is no argument. Ripping CD's DVD's is theft and steals money from everyone who works in "The Business."
I applaud the President's signing this bill into law maybe it will make the thieves think twice before stealing private property.
Oh and please spare me from the arguments about "fair pricing" "artists royalties" "the music should be free" should coulda woulda you're thieves nothing more nothing less.
@ CongressCritter: please be a troll.
I don't see how the duplication of copyrighted material is equivalent to stealing, but whatever. Money doesn't make talent, so I don't see why musicians complain about this crap.
Last time I checked, ripping CDs for private and archival use isn't illegal. If it was, I don't think Microsoft would put a feature to rip CDs inside one of their own programs.
"Hey maybe I should still your bike, car etc. after all I don't have enough of them !", "Free Mercedes for everyone !". First of all, you're comparing almost 2 completely different things, and secondly, you're clearly using the word "stealing" in a completely irrelevant way.
"Go book some studio time, market the record, front all the costs and then have your CD ripped and spun to the World for free. Then when you're holding YOUR ASS in YOUR HANDS come crying to me about how bad the "mean business people suck.", if I was a professional artist, I wouldn't give two god damn shits about one of my songs appearing on LimeWire or something.
"Don't support the Artists and Artisans that create the product...Steal It !", haha, still using "stealing" in a completely irrelevant way.
I hope you die in a fire. Feel free to respond, too.
CongressCritter, I believe you are missing the point.
I don't think anyone is saying it is okay to steal music or sell music.
The problem is many people don't consider their activities to be 'stealing' while the industry does.
If I buy a CD and rip it to my computer so I can put it on my ipod, or a DVD I bought to watch on my nice LCD monitor, I see nothing wrong. Most people won't. But I have read papers saying that ripping the information is illegal as it bypasses copyright protection. Even if I don't plan to distribute and the files simply sit on the hard drive, its illegal.
While no one wants to admit it, this concept of 'stealing' by making copies of something has existed for quite a long time. The RIAA and MPAA never went after people who made mix tapes or used VCRs to record their favorite shows to the best of my knowledge. The only difference now is that this copying is very easy to do. Before someone could make a few copies of a tape or CD at a time before it got too expensive and time consuming. Now only one person needs to have the file to make 1000s of copies almost instantly.
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