So there’s a new war…
Surprisingly, (however not really) it’s the wet dream of two entities who have dreamed of it daily.
The War on Piracy …and Counterfeiting (because the second part, that’s just to make it sound better.)
The US has had very many different ‘wars‘.
There’s the War on Drugs in 1971 (…still ongoing), then the War on Terror started in 2001 and still ongoing.
What do these things have in common with ‘piracy’?
Well, in the words of M.I.A‘s mixtape: “Piracy Funds Terrorism“.
No, not really but the entities that be, would have the US government and it’s citizens believe that it does and has a devastating toll on the US economy.
The MPAA and the RIAA are ecstatic at the newly formed task force that will do their bidding and allow them to continue on their crusade of extortion, bribery, obstruction of justice, and embezzlement.
This task force: The National Intellectual Property Rights Coordination Center, headed by Victoria Espinel.
The bill that I wrote about back in May 2007 passed back in 2008, although in a slightly different form both in name and wording with a very chilling effect. It’s words have been recently made ‘flesh’ by appointment of an Intellectual Property Enforcement Coordinator, Victoria Espinel. Reported to by the media as the new copyright czar. Besides the fact of the uncertain constitutional conflicts that these ‘czar’ appointments raise there’s the nature and origin of this particular appointment.
I believe that it occurred back in 2009 (although it was not solely that particular event). The fact of this summit proves implicitly not only the error but also the enormous clout and position of the MPAA and RIAA.
The bill, now made law: S.3325 Prioritizing Resources and Organization for Intellectual Property Act of 2008
is an interesting read. It’s as if the MPAA and the RIAA dictated it.
First thing: the Senate Committee on the Judiciary on September 15, 2008 estimated that implementing the bill would cost $429 million over the 2009-2013 period.
Then there’s this in Sec. 104:
Section 35(c) of the Trademark Act of 1946 (15 U.S.C. 1117) is amended–
(1) in paragraph (1)–
(A) by striking `$500′ and inserting `$1,000′; and
(B) by striking `$100,000′ and inserting `$200,000′; and
(2) in paragraph (2), by striking `$1,000,000′ and inserting `$2,000,000′.
Which I believe has to do a lot with the fact of (a) Judge(s) cutting down their ‘damages’. Along with furthermore proving a point I made back in April 2006:
(They)…sue people for amounts at the disrection of their desires and not according to the ruling of a judge who would state liability for either–the actual damages and any additional profits under paragraph 2 or statutory damages under paragraph 3. The RIAA and the MPAA get mad when a judge doesn’t award them anything, throws out the case, or reduces their awarding damages. The RIAA and the MPAA get mad when a judge doesn’t award them anything, throws out the case, or reduces their awarding damages. They go on to demand something, demand more, or don’t give a crap about a judge’s discretion of his decision in a case. When paragraph 5 of section 1203, we see that innocent violations the court “may reduce or remit the total award of damages in any case” if the person “was not aware and had no reason to believe that its acts constituted a violation.”
Also besides costing an estimated $429 million the bill has some nice clauses to ensure ‘growth’:
Sec 301(b)(1)(G): carry out such other functions as the President may direct.
Sec 303 (e)(8): Such other information as is necessary to convey the costs imposed on the United States economy by, and the threats to public health and safety created by, counterfeiting and infringement, and those steps that the Federal Government intends to take over the period covered by the succeeding joint strategic plan to reduce those costs and counter those threats.
Interesting that Sec 301(b)(1)(G) is in regards to the duties of Victoria Espinel which describes her current office: “an Intellectual Property Enforcement Coordinator (in this title referred to as the `IPEC’) to serve within the Executive Office of the President.”
With one of her duties (or powers, if you will): “carry out such other functions as the President may direct.” Since the bill is law, let’s speculate, if the President directs her to do x thing, she can. As the law says she can carry out other functions as the President may direct. It doesn’t specify which. Although it is understood as in the lines of the bill but it’s extremely vague.
When something is vague it means there is gray area. In this case huge. I realize that it’s stated that she was ‘vetted’ by the Senate but you must remember they are also the same people whom helped make this into law. Interesting also that it got it’s own line.
Things like these are oftentimes if not always dangerous. For example all the clauses in H.R. 5122–the John Warner National Defense Authorization Act for Fiscal Year 2007 which (allowed and) encouraged Martial Law.
Then Sec 303 (e)(8) ensures that funds will be coming in.
Sec. 503 entitled: “Sense of Congress” is their justification for wanting to make this law. Which are all dreams of the MPAA and the RIAA. Whom most certainly played a role in writing this bill that’s now a law.
SEC. 503. SENSE OF CONGRESS.
It is the sense of Congress that–
(1) the United States intellectual property industries have created millions of high-skill, high-paying United States jobs and pay billions of dollars in annual United States tax revenues;
(2) the United States intellectual property industries continue to represent a major source of creativity and innovation, business start-ups, skilled job creation, exports, economic growth, and competitiveness;
(3) counterfeiting and infringement results in billions of dollars in lost revenue for United States companies each year and even greater losses to the United States economy in terms of reduced job growth, exports, and competitiveness;
(4) the growing number of willful violations of existing Federal criminal laws involving counterfeiting and infringement by actors in the United States and, increasingly, by foreign-based individuals and entities is a serious threat to the long-term vitality of the United States economy and the future competitiveness of United States industry;
(5) terrorists and organized crime utilize piracy, counterfeiting, and infringement to fund some of their activities;
(6) effective criminal enforcement of the intellectual property laws against violations in all categories of works should be among the highest priorities of the Attorney General;
(7) with respect to all crimes related to the theft of intellectual property, the Attorney General shall give priority to cases with a nexus to terrorism and organized crime; and
(8) with respect to criminal counterfeiting and infringement of computer software, including those by foreign-owned or foreign-controlled entities, the Attorney General should give priority to cases–
(A) involving the willful theft of intellectual property for purposes of commercial advantage or private financial gain;
(B) where the theft of intellectual property is central to the sustainability and viability of the commercial activity of the enterprise (or subsidiary) involved in the violation;
(C) where the counterfeited or infringing goods or services enables the enterprise to unfairly compete against the legitimate rights holder; or
(D) where there is actual knowledge of the theft of intellectual property by the directors or officers of the enterprise.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.
So Sec. 503(1) just clearly points out that this has been created because of the MPAA and the RIAA. The very last part that talks about taxes is phooey. The statement should have read: made campaign contributions that allowed me to be here.
Sec. 503(2) is complete fabrication. They’re talking as if the entire country’s economy is dependent upon the film industry. I realize they are stated as: “intellectual property industries” but with whom did the coordinator (and Vice President) meet with? Print publishers? (All but one.) Inventor Associations? Video Game Publishers? Textile Associations? Fashion Designers?
They met with:
Sony’s Michael Lynton, Warner Bros.’ Barry Meyer, Viacom’s Philippe Dauman, NBC Universal’s Jeffrey Zucker, Warner Music Group’s Edgar Bronfman, Harper Collins CEO Brian Murray, Universal Music Group’s Zachary Horowitz, the MPAA’s Dan Glickman, the RIAA’s Mitch Bainwol, IATSE’s international president Matthew Leob, AFTRA’S Kim Roberts Hedgepeth, DGA president Taylor Hackford, DGA exec director Jay Roth and SAG’s David White.
Even more proof that the bill is MPAA’s and RIAA’s lovechild; the Vice President commenting on June 22, 2010 said the following:
“We used to have a problem in this town saying this, […] But piracy is theft. Clean and simple. It’s smash and grab. It ain’t no different than smashing a window at Tiffany’s and grabbing [merchandise].”
Indeed there used to be problem with stating the above but now that there is government money and backing it’s certainly a priority. Seeing as there will be an estimated $429+ Million vetted into it.
…greater losses to the United States economy in terms of reduced job growth, exports, and competitiveness
is a complete lie and it’s ludicrous.
Time and time again, every stat that they’ve (MPAA and RIAA) published has been a lie–or as they say, tainted.
If they lost the money they claim to and also the potential money they say they would have earned, it would equal more than the GDP of France. That’s just one month of it. Four months of their potential losses and potential money they could have earned exceeds the entire world’s GDP. One year is three times the world’s GDP. It’s fantasy.
Did you catch that? Potential money earned, potential money lost. It’s all fantasy.
Then we have the President of the United States saying things like:
Intellectual property infringement can undermine our national and economic security.
Combating counterfeiting and piracy requires a robust Federal response.
Combating intellectual property infringement overseas is a priority for the Administration because of its effect on jobs, the U.S. economy and threats to health and public safety.
Our status as a global innovation leader is compromised by those countries who fail to enforce the rule of law or international agreements, or who adopt policies that disadvantage American industries.
(Interesting point that the President states: “that disadvantage American industries“–industries he says. Not citizens. He is worried about industries. The MPAA and the RIAA being chief of those industries. This law is to protect large corporations. The law is to protect citizens not to oppress them.)
So we have this law passed benefiting exclusively the MPAA and the RIAA. Using $429 million of taxpayers money, possibly more. The President alluding that those whom engage in infringement or even in potential infringement–(did you notice he says potential infringement?) are a threat to national security and economic security of the United States. That any nation that would support or not pass laws to prevent or curtail infringement is a threat to the United States.
My speculation in 2006 of such foolishness by the MPAA and RIAA in the United States came true.
With those statements he’s declared China, Russia, India, Nigeria,…the World as threats to the U.S.
All because of crazy outlandish and false statements of the MPAA and the RIAA. Over potential losses and potential gains…
This whole fiasco reminds me of Operation SunDevil in the 1990s which is “…seen as largely a public-relations stunt.”
Also of Kevin Mitnick of whom they feared could “start a nuclear war by whistling into a pay phone.”
I find it ridiculous that the President finds that “piracy requires robust Federal Response.” Yet the oil spill in the Gulf does not?
Thank the following people humbly for this law
Sen Alexander, Lamar [TN]
Sen Bayh, Evan [IN]
Sen Bond, Christopher S. [MO]
Sen Boxer, Barbara [CA]
Sen Brown, Sherrod [OH]
Sen Cardin, Benjamin L. [MD]
Sen Clinton, Hillary Rodham [NY]
Sen Corker, Bob [TN]
Sen Cornyn, John [TX]
Sen Feinstein, Dianne [CA]
Sen Graham, Lindsey [SC]
Sen Gregg, Judd [NH]
Sen Hatch, Orrin G. [UT]
Sen Hutchison, Kay Bailey [TX]
Sen Levin, Carl [MI]
Sen Schumer, Charles E. [NY]
Sen Smith, Gordon H. [OR]
Sen Specter, Arlen [PA]
Sen Stabenow, Debbie [MI]
Sen Voinovich, George V. [OH]
Sen Whitehouse, Sheldon [RI]
and especially Sen Leahy, Patrick J. [VT] who is the main sponsor of the bill.
Let’s not forget Vice President Joseph Biden and the Speaker of the House, Nancy Pelosi whom signed the bottom of Sec. 503 of the bill.
So we’re using $429 million dollars for this. $429 million dollars of United States Citizen’s Tax Dollars in what seems clear as crystal ear mark to the MPAA and RIAA.
$429 million that could have been used to help bring the troops home, help the states affected by the oil spill, help the US economy in so many ways. How about $429 million dollars in tax cuts from 2009-2013? Because we could have had that.
But now there’s been $429 million in taxes from 2009-2013. Not exact math or economics but I hope you get the picture.
Oh the official name of this is: The PRO-IP Act. Also Senate approved it unanimously.
House of Representatives passed the bill 410 to 11.
Ron Paul and Dennis Kucinich are among those who voted against the bill.
Other people whom voted against it:
Rep. Frederick Boucher [VA]
Rep. Zoe Lofgren [CA]
Rep. Gwen Moore [WI]
Rep. John Duncan [TN]
Rep. Jeff Flake [AZ]
Rep. Ted Poe [TX]
Rep. Lynn Westmoreland [GA]
Rep. Donald Young [AK]