Motion Picture Association of America Criticizes Draft Legislation on Online Piracy

Strategic Insights -

The Motion Picture Association of America (MPAA) has issued a statement criticizing draft legislation on online piracy proposed by Representative Darrell Issa and Senator Ron Wyden. The legislation aims to address content theft by foreign criminal enterprises, but the MPAA claims it fails to provide an effective way to target rogue websites and goes easy on online piracy and counterfeiting.

The MPAA argues that the draft bill would change the venue from federal courts to the U.S. International Trade Commission (ITC), placing copyright holders at a disadvantage and allowing companies profiting from online piracy to advocate for foreign rogue websites against rightful American copyright holders. The MPAA also claims that the ITC is not the proper venue for dealing with Internet piracy and counterfeiting, as it takes an average of 18 months to issue a final decision in a case.

The MPAA supports the PROTECT IP Act and the Stop Online Piracy Act, which offer measured solutions to target online theft and counterfeiting by rogue websites. The MPAA emphasizes the need for action now to preserve American jobs and help grow the economy.

Key Takeaways:

  • The MPAA criticizes draft legislation on online piracy proposed by Representative Darrell Issa and Senator Ron Wyden, claiming it fails to provide an effective way to target rogue websites.
  • The draft bill would change the venue from federal courts to the U.S. International Trade Commission (ITC), placing copyright holders at a disadvantage.
  • The ITC is not the proper venue for dealing with Internet piracy and counterfeiting, as it takes an average of 18 months to issue a final decision in a case.
  • The MPAA supports the PROTECT IP Act and the Stop Online Piracy Act, which offer measured solutions to target online theft and counterfeiting by rogue websites.
  • The MPAA emphasizes the need for action now to preserve American jobs and help grow the economy.
  • Companies profiting from online piracy would be allowed to advocate for foreign rogue websites against rightful American copyright holders.
  • The draft legislation denies the ITC authority to block search engines from listing rogue websites.
  • The U.S. trade agency, the International Trade Commission, lacks the money and staff needed to implement this legislation, according to lawyers who handle cases before the commission.
  • The ITC would need at least two new administrative law judges and support staff, as well as hearing rooms, to handle the duties envisioned by the draft bill.

Statistics:

  • 18 months: The average time it takes the ITC to issue a final decision in a case.
  • $84.8 million: The budget of the ITC in fiscal 2011.
  • 350: The number of workers employed by the ITC in fiscal 2011.
  • 2: The number of new administrative law judges the ITC would need to handle the duties envisioned by the draft bill.
  • Support staff: The ITC would need to hire additional support staff to handle the increased workload.
  • Hearing rooms: The ITC would need to expand its facilities to accommodate the increased workload.

Sources:

  • Bloomberg News, 12/7/11: "A U.S. trade agency called on to fight Internet piracy under a proposal circulating in Congress may lack the money and staff needed to do the job."
  • Bloomberg News, 12/7/11: "The proposal would add more work to an agency that is at the center of patent battles over smartphone technology and is investigating allegations of unfair trade practices by China in the solar-panel industry."
  • The Motion Picture Association of America: Statement by Michael O'Leary, Senior Executive Vice President for Global Policy and External Affairs, on draft legislation to address content theft.