DOJ Weighs Against the Enforcement of Intellectual Property Right Act of 2008
The Department of Justice delivered a letter to Senators Specter and Leahy this week "strongly oppos[ing]" Title I of the Enforcement of Intellectual Property Act of 2008, S. 3325, which it describes as "not only authorizes the Attorney General to pursue civil remedies for copyright infringement, but to secure 'restitution' damages and remit them to the private owners of infringed copyrights." The letter argues:
First, civil copyright enforcement has always been the responsibility and prerogative of private copyright holders, and U.S. law already provides them with effective legal tools to protect their rights....
Second, Title 1's departure from the settled framework above could result in Department of Justice prosecutors serving as pro bono lawyers for private copyright holders regardless of their resources. In effect, taxpayer-supported Department lawyers would pursue lawsuits for copyright holders, with monetary recovery going to industry.
Third, the Department of Justice has limited resources to dedicate to particular issues, and civil enforcement actions would occur at the expense of criminal actions, which only the Department of Justice may bring....