IP Crusaders Want Robust Anti-Piracy Agenda
Canada, China, Russia and 10 other countries continue to pose the worst problems in 2009 with respect to protecting U.S. intellectual property rights, the American music, movie, software, and video game industries told the Office of the U.S. Trade Representative in an annual filing on Tuesday. The International Intellectual Property Alliance recommended that 13 nations be placed on the USTR's priority watch list and that 25 be placed or maintained on a less critical list when the official rosters are released by the U.S. government this spring. IIPA also requested that later this year, USTR conduct so-called "out-of-cycle reviews" of Malaysia, Spain and Saudi Arabia to evaluate their respective progress on specific IP issues.
"With the U.S. economy shedding jobs at an alarming rate, our government needs to redouble it efforts to stem massive global theft of U.S. copyrighted works in physical form and on the Internet," IIPA's Eric Smith said, noting that the USTR's Special 301 process is a critical tool in reducing piracy losses. Senate Finance Chairman Max Baucus and Sen. Orrin Hatch, R-Utah, introduced legislation in the 110th Congress that would beef up the report, which some stakeholders believe has become what aides called a "shaming exercise." Their proposal would have required trade officials to create an action plan for the worst offenders and harsh consequences for countries that do not comply. A spokeswoman for Baucus said her boss remains interested in the issue and is working with ranking member Charles Grassley to determine the best way forward.
The Recording Industry Association of America, American Federation of Musicians, the National Music Publishers Association and other music industry stakeholders issued a joint statement commending IIPA's recommendations. "In these troubled economic times, it is more important than ever that the U.S. government take meaningful steps to ensure that the most competitive parts of the U.S. economy -- those that contribute to positive balance of trade payments -- can effectively compete in global markets without facing unfair competition," the groups said. "The copyright industries generally, and the music community in particular, are among America's most competitive sectors, and our contribution to the public welfare goes well beyond our economic contributions."
In the statement, the groups also called upon global leaders to "develop and implement policies and practices that reflect an appreciation of the value of creativity." They said tolerance of organized criminal syndicates in multi-territorial enterprises engaged in the distribution of pirate product must end. More importantly, they argued that policymakers must ensure their legal regimes do not permit or encourage willful blindness on the part of companies -- like Internet service providers -- that provide access to infringing materials. "If legitimate companies are permitted to operate services that effect one of the greatest misappropriations ever witnessed, then there is little hope for creators to earn a living from their creations," they said.
Entertainment Software Association President Michael Gallagher pointed out that IIPA's report revealed "alarmingly high volumes of illegal game downloads" on two popular peer-to-peer networks -- BitTorrent and eDonkey. "Piracy is a job killer that the world economy cannot afford in these difficult economic times. Countries that skirt obligations to combat piracy need to understand the unacceptable damage they are facilitating," he said in a press release. Read the IIPA's recommendations for the Special 301 process here.
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