Stories
Slash Boxes
Comments

SoylentNews is people

posted by Fnord666 on Thursday August 01 2019, @06:31PM   Printer-friendly
from the just-turn-off-the-internet dept.

The Senate Judiciary Committee intends to vote on the CASE Act, legislation that would create a brand new quasi-court for copyright infringement claims. We have expressed numerous concerns with the legislation, and serious problems inherent with the bill have not been remedied by Congress before moving it forward. In short, the bill would supercharge a “copyright troll” industry dedicated to filing as many “small claims” on as many Internet users as possible in order to make money through the bill’s statutory damages provisions. Every single person who uses the Internet and regularly interacts with copyrighted works (that’s everyone) should contact their Senators to oppose this bill.

Making it so easy to sue Internet users for allegedly infringing a copyrighted work that an infringement claim comes to resemble a traffic ticket is a terrible idea. This bill creates a situation where Internet users could easily be on the hook for multiple $5,000 copyright infringement judgments without many of the traditional legal safeguards or rights of appeal our justice system provides.

The legislation would allow the Copyright Office to create a “determination” process for claims seeking up to $5,000 in damages:

Regulations For Smaller Claims.—The Register of Copyrights shall establish regulations to provide for the consideration and determination, by at least one Copyright Claims Officer, of any claim under this chapter in which total damages sought do not exceed $5,000 (exclusive of attorneys’ fees and costs). A determination issued under this subsection shall have the same effect as a determination issued by the entire Copyright Claims Board.

This could be read as permission for the Copyright Office to dispense with even the meager procedural protections provided elsewhere in the bill when a rightsholder asks for $5000 or less. In essence, what this means is any Internet user who uploads a copyrighted work could find themselves subject to a largely unappealable $5,000 penalty without anything resembling a trial or evidentiary hearing. Ever share a meme, share a photo that isn’t yours, or download a photo you didn’t create? Under this legislation, you could easily find yourself stuck with a $5,000 judgment debt following the most trivial nod towards due process.


Original Submission

 
This discussion has been archived. No new comments can be posted.
Display Options Threshold/Breakthrough Mark All as Read Mark All as Unread
The Fine Print: The following comments are owned by whoever posted them. We are not responsible for them in any way.
  • (Score: 4, Informative) by Pslytely Psycho on Thursday August 01 2019, @08:55PM (2 children)

    by Pslytely Psycho (1218) on Thursday August 01 2019, @08:55PM (#874243)

    The CASE Act of 2019 was introduced on May 1, 2019 in the U.S. House of Representatives (H.R. 2426) by Representatives Hakeem Jeffries (D-NY) and Doug Collins (R-GA); and for the first time in the Senate (S. 1273) by Senators John Kennedy (R-LA), Thom Tillis (R-NC), Dick Durbin (D-IL), and Mazie Hirono (D-HI). Original House co-sponsors include: HJC Chairman Jerry Nadler (D-NY) and HJC IP Subcommittee Chairman Hank Johnson (D-GA), as well as Martha Roby (R-AL), Judy Chu (D-CA), Ben Cline (R-VA), Ted Lieu (D-CA), and Brian Fitzpatrick (R-PA).

    It 'tis a rogues gallery of evildoers all right (and left, ha!), doing their bit for the downfall of civilization. Bipartisan, it used to mean a compromise, now it means "we found agreement in the worst aspects of the legislation..."
    So sad these guy's kickstarter didn't make it's goal....such a noble cause:

    https://constitutiontp.com/ [constitutiontp.com]

    Every congressional Creature from the Black Lagoon, the DOJ, and the Executive branch deserves a case of these presented to them in the most public way possible. Such incredible stupidity. Such unfettered evil.

    We can always hope for the Martian Solution:
    https://www.youtube.com/watch?v=6KNJcOZXmMU [youtube.com]

    My Psychotic best to Mrs PartTimeZombie and the PartTimeZombie kids.

    --
    Alex Jones lawyer inspires new TV series: CSI Moron Division.
    Starting Score:    1  point
    Moderation   +2  
       Interesting=1, Informative=1, Total=2
    Extra 'Informative' Modifier   0  
    Karma-Bonus Modifier   +1  

    Total Score:   4  
  • (Score: 3, Interesting) by PartTimeZombie on Thursday August 01 2019, @10:06PM

    by PartTimeZombie (4827) on Thursday August 01 2019, @10:06PM (#874289)

    My Psychotic best to Mrs PartTimeZombie and the PartTimeZombie kids.

    Thanks for the kind thoughts, they're all great.

    JuniorZombie02 has a job interview today, so fingers crossed.

  • (Score: 2) by All Your Lawn Are Belong To Us on Thursday August 01 2019, @10:16PM

    by All Your Lawn Are Belong To Us (6553) on Thursday August 01 2019, @10:16PM (#874301) Journal

    I started my reply before yours, but didn't get to post it until now...

    --
    This sig for rent.