Makes Sense, well BSA Sense
"In a press conference call today, a senior Justice Department official gave the example of finding a warehouse of DVDs but not being able to prove necessarily that they were actually distributed or sold. In this case, they would be able to charge those involved with attempted copyright infringement."
It's copyright infringement whether it's distributed or not. He just wants to do away with the 'commercial' requirement for the heavier penalties. But that would leave him free to define any infringement as commercial without seeking evidence of commerce. Evidence is a good thing Gonzales, *Good* thing.
""Registration is an administrative formality," the proposal states, "and although this formality has — and should have — certain consequences in civil cases, it should not in criminal cases.""
If they don't register it, how can they know or prove it was copyrighted? Isn't the proof for criminal prosecution GREATER than civil, not LESS. Not worth registering, yet worth criminal arrest? No.
"The maximum penalty for counterfeiting offenses which endanger public health or safety would be increased to 10 to 20 years imprisonment"
Confuses brand and substance. Fake drugs that are not the chemical they claim, risk life. Fake drugs that are not the BRAND they claim, but are the same chemical are not life threatening. The crime isn't counterfeiting, it's selling bad drugs. Whether the drugs also have 'Viagra' or not stamped on them is a minor side crime.
"When a person is convicted of violating the DMCA, the court would be required to order that person to pay restitution to any copyright owner whose rights were violated."
They're free to sue already, this is different from all other laws.
"The proposal would add intellectual property crimes to the offenses which allow law enforcement to intercept wire or oral communications for investigation."
It's a minor civil offense which was exaggerated by lobbyists.
"International trade losses due to product counterfeiting and piracy are much lower than estimated by business lobby groups, according to the most detailed global study to date. (from the OECD)"