Judge Lee suggested that Foster could not be held responsible for the download of files, which were attributed to her adult daughter and estranged husband who used her IP number.
Although the jury settled on charging the defendant with only $9,250 out of the possible $150,000 per song, through these cases, Capitol Records, the RIAA and others were primarily concerned with sending a message to the public that illegal distribution and download of copyrighted music was unacceptable.
Throughout fiscal years 2004 to 2009, the government has tracked the importation of counterfeit goods, including pharmaceuticals, cigarettes, apparel, footwear, computers, software, toys and electronics.
[16] In addition, the Justice Department has the authority to conduct civil asset forfeiture, in which any computer or network hardware used in the act of a copyright crime may be seized and auctioned off.
[11] In civil forfeiture, the plaintiff may also access bank accounts, financial information and other documents in order to trace the source of the infringing goods.
[6] In criminal enforcement, the PRO-IP Act offers the government more authority in seizure and forfeiture in the trafficking of counterfeit labels, documentation, and packaging.
[16] Under Title II of the Act, the manufacturers of these products face new criminal penalties, especially if the offender knowingly or recklessly causes serious bodily injury or death, as with counterfeit pharmaceuticals.
The legislation also allocates $25 million annually to state and local governments to train law enforcement, educate the public and purchase technology to combat counterfeit activity.
[20] Based on the White House's 2010 Joint Strategic Plan, proponents stated that the PRO-IP Act would protect the growth of the national economy.
They believed it would promote creativity, research and innovation, which are essential to the technology, pharmaceutical, automobile, and entertainment industries and in turn, protect the jobs in those fields.
The U.S. federal government also depends on the promotion of innovation to solve global problems and to preserve national and economic security, including the prevention of criminal activity, such as the sale of counterfeit drugs that cause fatal harm to consumers.
[25] In addition to media and entertainment corporations, the U.S. auto industry, including General Motors, Ford and Chrysler, sought protection from counterfeiters.
[28] William Patry, senior copyright lawyer for Google, was well known for calling the legislation, the most "outrageous gluttonous IP bill ever introduced in the U.S.," in response to the compilation clause.
[12] Patry, who served in the Copyright Office in the past, suggested that the penalties of the PRO-IP Act would fall on ordinary Americans, not commercial counterfeiters.
Digital rights groups and other critics suggested that the Act failed to recognize the difference between commercial counterfeiters and regular consumers, who would be punished with outstanding fees.
Under DMCA, fair use limits the statutory damages available under secondary liability and permits bypassing digital rights management (DRM) for lawful uses.
[33] Consumer advocates suggested that the PRO-IP Act, in turn, would serve as a means to protect the business interests of American film, music and software companies.
According to co-sponsor, Senator Patrick Leahy, the legislation would serve as a means to protect copyrights, patents, trademarks and trade secrets central to the U.S. economy and its job market.
[41] Senator Ron Wyden was one of the representatives who requested that Congress remove the provision that requires the involvement of the Department of Justice in intellectual property enforcement.
In another case, a New York resident was incarcerated for trafficking more than a half a million tubes of counterfeit toothpaste, which contained microorganisms and diethylene glycol, a chemical used as a coolant in brake fluids.
[46] In 2010, the Justice Department's Criminal Division also coordinated work between investigatory agencies and the International Organized Crime Intelligence and Operations Center, also referred to as IOC-2.
At the Fisherman's Wharf in San Francisco, California, merchants at eight shops were charged with trafficking counterfeit designer merchandise imported from China, such as clothing, handbags and shoes, all of which were valued over $100 million.
[21] Espinel hosted an Intellectual Property Health and Safety Forum at the White House, meeting with private sector leaders from American Express, eNom, GoDaddy, Google, MasterCard, Microsoft, Neustar, Visa and Yahoo!
The PRO-IP Act is also intended to prevent the sale of counterfeit products for use in U.S. defense and weapons systems that may possibly fail under fire, causing harm to troop missions and ultimately, public safety.
In one case, a business owner was prosecuted for selling counterfeit Cisco products, which were intended to relay troop movement and intelligence for a U.S. Marine Corps base in Iraq.
[45] Customs and Border Protection (CBP) and ICE HSI had 19,959 intellectual property seizures, which resulted in 237 civil fines and penalties totaling over $62 million.
[49] John Morton, director of Immigration and Customs Enforcement, has stated that the organization has "zero interest in limiting free speech" and that "ICE is not the police of the Internet.
"[50] In 2011, the federal government aims to shut down top illegal websites and to secure legislation that will enable funding for U.S. embassies to monitor American intellectual property internationally.
Other European countries and Japan have also addressed this growing problem in China, where the authorities hesitate to arrest counterfeiters due to the fact that such products bolster local economies.
In addition to identifying counterfeit and infringing products, the association would like the legislation that compiles a "watch list" database of importers, shippers and other participants at U.S. ports.