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IP: When you get convicted
From: Dave Farber <farber () cis upenn edu>
Date: Thu, 12 Mar 1998 13:32:39 -0500
For Immediate Release: For more information contact: Shari Steele 301.375.8856 or ssteele () eff org Barry Steinhardt 415 436 9333 Barrys () eff org Electronic Frontier Foundation Urges US Sentencing Commission to Draft Reasonable Guidelines for New Criminal Copyright Law WASHINGTON, DC--March 12, 1998--The Electronic Frontier Foundation (EFF) today called on the US Sentencing Commission to take a reasoned approach to sentencing noncommercial violators of the No Electronic Theft (NET) Act. The NET Act was passed by Congress last year to expand criminal copyright penalties to noncommercial reproduction of software products. In testimony delivered to the Commission, which is charged with providing direction to federal judges assigning punishments for criminal convictions, EFF Staff Attorney Shari Steele said, "Without reasonable sentencing guidelines for the NET Act, many individuals who had no intention of depriving the copyright owner of profits will be subject to very harsh punishments. For example," she added, "a father who gives his old computer with software loaded on it to his college-bound daughter would be criminally liable under the NET Act if he loaded that software again on his new computer. Depending on the value of the software, that father could face similar punishment to someone selling pirated copies of software. That's just not right." In its comments, EFF pushes for the Commission to treat noncommercial infringements less harshly than commercial ones. EFF proposed a downward departure from the guidelines for individuals who commit less serious offenses. EFF also argues for the Commission to define the culpability of copyright violators by the retail value of the software that has been copied. The Department of Justice, on the other hand, recommended defining culpability according to the perceived loss to the copyright holder. The comments argue that retail value is a much more objective measure of harm. "Someone who engages in small copyright violations, such as limited trading of low cost software, deserves a lesser punishment than someone who sells mass amounts of high dollar items," Steele explained. "The government's 'perceived loss' standard is far too subjective." "The NET Act can work grave miscarriages of justice," said EFF President Barry Steinhardt. "The Sentencing Commission should temper its effects with mercy," Steinhardt said. The Electronic Frontier Foundation is a nonprofit, civil liberties organization working in the public interest to promote privacy, free expression and responsibility in digital communications. # # # __________________________________________________________________________ Barry Steinhardt (Barrys () eff org),President Electronic Frontier Foundation East Coast: tel/fax:+ 1 203 226 4897 West Coast: tel: + 1 415 436 9333 (V) West Coast: fax + 1 414 436 9993 (f) 1550 Bryant Street Ste 725 San Francisco,CA 94103 You can find EFF on the Web at <http://www.eff.org> EFF supports the Global Internet Liberty Campaign <http://www.gilc.org>
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- IP: When you get convicted Dave Farber (Mar 12)