Like previous incarnations of the PIRATE Act, this one tries to force the Department of Justice to bring suits against individual file-swappers, something that could save the recording industry plenty of money and could also displace some of the "bad guy" stigma that the labels have acquired after suing people like Jammie Thomas.
The bill would give the Department of Justice authority to bring civil (not just criminal) cases against infringers, though it does limit penalties to those that could be imposed in criminal proceedings. The Attorney General can also bring such civil suits only when the act in question constitutes a crime (such civil suits can be easier to win).
Here's why there's a problem with this line of thinking. Yes, I agree that software piracy needs to be handled and the criminals should be prosecuted. However, if a civil suit is brought, who keeps the judgements? Is the Justice Department going to share that with those companies that are effected? Where does the line begin and end when colluding with these companies.
I certainly don't mind if they go after counterfeiters who sell pirated Window's discs, but are they going to start filing lawsuits against individual file sharers like the RIAA has done in the past?
To do so sets a dangerous precedent that needs some oversight, which I sadly think that the Justice Department is severely lacking in.
Travis
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