| Through the provisions of Congressman Bob Goodlatte's
No Electronic Theft (NET) Act, the U.S. Department of Justice recently
announced the first conviction of an online thief who offered pirated software
programs, musical recordings, and digitally recorded movies on his web
site. The NET Act was introduced by Congressman Bob Goodlatte and enacted
in 1997. The NET Act makes it illegal to steal copyrighted works,
such as software programs and musical recordings, even if the defendant
acts without a commercial purpose when the value of the materials given
away is significant.
"The NET Act is critical to protecting copyrighted
material on-line in the Information Age," Goodlatte said.
"Artists, musicians, authors, and software producers can feel secure that
when they use the Internet they are protected by laws that are as effective
in cyberspace as they are on main street. I hope that the Justice
Department continues to prosecute online thieves under this important law.
Piracy drives up prices for consumers and drives down the quality of creative
works made available on the Internet."
A student at the University of Oregon pled guilty
in federal court to criminal copyright infringement for trafficking in
unlicensed software on the Internet. University officials alerted
law enforcement officers after the student's web site began to generate
a large amount of traffic. FBI and Oregon State Police discovered
thousands of pirated software programs, movies, and music recordings available
for downloading from the site.
United States Attorney Kristine Olson stated that
this prosecution "represents the latest step in a major initiative of federal
and state law enforcement representatives working together to prosecute
electronic crimes." Olson stated that federal law enforcement will continue
to pursue persons who steal copyrighted materials by reproducing or distributing
them on the Internet.
Pirating works online is the same as shoplifting
a video tape, book, or computer program from a department store.
Until the enactment of the NET Act, however, through a loophole in the
law, copyright infringers who intentionally pirated works, but did not
do so for profit, were outside the reach of the law. Congressman
Goodlatte introduced and successfully passed the NET Act to address this
problem.
Goodlatte introduced the NET Act on July 25, 1997.
The legislation passed the House of Representatives on November 4, 1997
and the Senate on November 13, 1997. The NET Act was signed into
law by the President in December 1997. Under this law if the defendant
reproduces or distributes 10 or more copyrighted works that have a total
value of more than $2,500 he or she can be charged with a felony, and faces
up to three years imprisonment and a fine of up to $250,000. A defendant
who reproduces or distributes one or more copies of copyrighted works with
a value of more than $1,000 can be charged with a misdemeanor, and face
up to one year in prison and a fine of up to $100,000. |
