Senators urge international copyright crackdown

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abuse of power? right ...

Jeff, how's this for addressing something you've put forth:

Copyright means you are the only one who gets to exercise certain rights in a given territory. In other words, you get certain "exclusive rights" (the Constitution's words, not mine). But if someone from outside the U.S. can export pirated copies into the U.S. and distribute them here, well then can you see how the U.S. rights-holder would be upset? His right under U.S. law wouldn't really "exclusive," would it?

Lo and behold, Congress has thought of this. The copyright statute says that the unauthorized importation into the U.S. of copies for redistribution is "infringement" (see 17 U.S.C. 601). It also authorizes the Secretary of the Treasury to carry out the enforcement of this prohibition against importation by searching imports for infringing copies, and seizing them at the border. (see 17 U.S.C. 603). Does that mean customs catches all infringing products? Clearly, no. But does customs have that authority under law? You bet.

The Customs agency was transferred to the Department of Homeland Security (DHS) when that department was created and organized after 9/11. It's pre-9/11 authority to search imports for infringing products, however, was unchanged. This is what the witness at the hearing meant when he said that Homeland Security is working on some piracy issues. He meant that one of many DHS agencies, namely Customs, is responsible for it.

So no firefighters are going to arrest you any time soon (at least not for those bootleg DVDs and CDs you have). But I have some suggestions for you before your next post. (1) Read the copyright statute. (2) Learn some more about the organization of government. Do these things and maybe, just maybe, you'll spout some wisdom next time instead of nonsense.

Posted by: indiglo197   Posted on: 05/26/05 You are currently: a Guest | Members login | Terms of Use

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