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DRAFT BILL SEEKS TO PUNISH FILE SHARERS

The U.S. government is making a variety of efforts to deter the proliferation of peer-to-peer technology. Congress is pushing a draft bill that would lower the burden of proof regarding file sharers, making it easier for the Justice department to criminalize P2P activity. The new bill also seeks to implement fines and jail time of up to 10 years for active sharers.

A separate bill, titled "Protecting Intellectual Rights Against Theft and Expropriation Act of 2004," or the Pirate act, is being pushed by Sens. Orrin Hatch (R-Utah) and Patrick Leahy (D-Vermont) authorizing civil cases against file sharers. This would allow police to charge those trading copyright music over P2P networks.

Hatch made his case by accusing the P2P network operators of attracting children and young people with free music, movies and pornography. This, he argued, is essentially blackmailing entertainment industries to accept the P2P networks as avenues of distribution and revenue.


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As staunch opposers of peer-to-peer networking, the Recording Industry Association of America (RIAA) and the Motion Picture Association of America applauded the senators' efforts.

Intellectual property subcommittee members of the House are studying the draft bill titled "Closing the P2P loophole in 17.U.S.C. Section 506." The Justice Department drafted the bill after concerns arose regarding federal prosecuters' scope of legal power in trying serious offenders. It is believed that Rep. Lamar Smith (R-Texas) will propose the bill if co-sponsored by others.

Users sharing 2,500 files or more, including movies and music, will be subject to large fines or jail time should the draft become law. However, a single file alone determined to be worth more than $10,000 would be grounds for jail as well. Those who distribute content that has yet to be released in "wide" distribution (movies released before actual theatrical opening) would also face strict penalties.

P2P United, an organization that represents file sharing software companies, would rather see copyright holders benefit from the file sharing, rather than see laws exacting punishment on P2P users. They argue that the Pirate Act uses taxpayer dollars to benefit copyright holders by allowing civil actions against P2P users. In addition, P2P United believes file sharing will continue to grow, regardless of its potential new label as a criminal act.

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