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Bill seeks to jail Internet movie-pirates

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Friday, November 14, 2003

WASHINGTON (REUTERS) — Internet users who distribute movies and music ahead of their official release dates could face five years in prison under a bill unveiled on Thursday by several U.S. senators.

Surreptitious videotaping of movies in theaters would also be outlawed under the measure, sponsored by California Democratic Sen. Dianne Feinstein and Texas Republican Sen. John Cornyn.

The bill takes aim at two practices that over the past several years have disrupted release schedules and cost moviemakers an estimated $3 billion annually in lost sales, according to the bill’s sponsors.

Unauthorized copies of movies often turn up in flea markets and online “peer-to-peer” networks, such as KaZaA, shortly after they are released, thanks to audience members who smuggle camcorders into theaters.

In other cases, industry insiders post movies and albums online before they are officially released, throwing promotional plans into disarray.

Both practices would become felonies under the bill, with maximum sentences of five years for first offenders, as well as monetary damages.

Unauthorized videotaping in theaters is currently a crime in four states and the District of Columbia, but legal in other states.

Copyright infringement is already illegal and a federal effort to crack down on “pre-release” networks has resulted in at least 22 convictions.

The bill would make such activity easier to prosecute by assuming that any copyrighted work posted online ahead of its release date has been downloaded at least 10 times, causing damages of at least $2,500.

“There is no legitimate purpose for a person taking copyrighted material not legally available to the public in any form and putting on the Internet for free distribution without authorization,” Feinstein said in prepared remarks.

Island Def Jam Music Group, a division of Vivendi Universal, slashed the price on rapper Jay-Z’s latest CD, “The Black Album,” and moved up the release date from the end of the month to Friday after unauthorized copies appeared online. Rapper G Unit’s debut release was moved up as well.

The Motion Picture Association of America has sought to close leaks by banning the distribution of pre-released DVDs to awards-ceremony judges. The trade group modified its plans after drawing outrage from actors, directors and film critics.

A Cornyn aide said the bill had not been formally introduced yet but would be soon.


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