Protect ip act

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  • © Altacit Global 2009 Email: info@altacit.com
  • Protect ip act

    1. 1. CHENNAI3rd Floor, ‘Creative Enclave’,148-150, Luz Church Road, Mylapore, Chennai - 600 004. Tel: +91 - 44 - 2498 4821 BANGALORE Suite 920, Level 9, Raheja Towers, 26-27, M G Road, Bangalore - 560 001. Tel: +91 - 80 - 6546 2400 PROTECT IP ACT COIMBATORE FILMA VARGHESE BB1, Park Avenue, TRADE MARK DEPARTMENT # 48, Race Course Road, Coimbatore - 641018. Tel: +91 - 422 – 6552921 EMAIL info@altacit.com WEBSITE www.altacit.com
    2. 2. INTODUCTION CHENNAI3rd Floor, ‘Creative Enclave’,148-150, Luz Church Road, • The PROTECT IP Act (Preventing Real Online Threats to Mylapore, Chennai - 600 004. Economic Creativity and Theft of Intellectual Property Act, or Tel: +91 - 44 - 2498 4821 PIPA) is a proposed law with the stated goal of giving the US BANGALORE Suite 920, Level 9, government and copyright holders additional tools to curb access Raheja Towers, 26-27, M G Road, to "rogue websites dedicated to infringing on counterfeit goods", Bangalore - 560 001. Tel: +91 - 80 - 6546 2400 especially those registered outside the U.S. COIMBATORE BB1, Park Avenue, # 48, Race Course Road, Coimbatore - 641018. • The bill was introduced on May 12, 2011, by Senator Patrick Leahy Tel: +91 - 422 – 6552921 and 11 bipartisan co-sponsors. • The PROTECT IP Act is a re-write of the Combating Online Infringement and Counterfeits Act (COICA) which failed to pass in 2010. A similar House version of the bill, the Stop Online Piracy Act (SOPA), was introduced on October 26, 2011 EMAIL info@altacit.com WEBSITE www.altacit.com
    3. 3. OBJECT OF THE ACT CHENNAI3rd Floor, ‘Creative Enclave’,148-150, Luz Church Road, Mylapore, Chennai - 600 004. Tel: +91 - 44 - 2498 4821 BANGALORE To prevent online threats to economic Suite 920, Level 9, Raheja Towers, 26-27, M G Road, creativity and theft of intellectual property, Bangalore - 560 001. Tel: +91 - 80 - 6546 2400 and for other purposes COIMBATORE BB1, Park Avenue, # 48, Race Course Road, Coimbatore - 641018. Tel: +91 - 422 – 6552921 EMAIL info@altacit.com WEBSITE www.altacit.com
    4. 4. CONTENTS OF THE BILL CHENNAI3rd Floor, ‘Creative Enclave’, • The bill defines infringement as distribution of illegal copies,148-150, Luz Church Road, Mylapore, counterfeit goods, or anti- digital rights management technology. Chennai - 600 004. Tel: +91 - 44 - 2498 4821 Infringement exists if "facts or circumstances suggest [the site] is BANGALORE used, primarily as a means for engaging in, enabling, or facilitating Suite 920, Level 9, Raheja Towers, the activities described. The bill says that it does not alter existing 26-27, M G Road, Bangalore - 560 001. substantive trademark or copyright law. Tel: +91 - 80 - 6546 2400 • The bill provides for "enhancing enforcement against rogue websites COIMBATORE BB1, Park Avenue, operated and registered overseas" and authorizes the United States # 48, Race Course Road, Coimbatore - 641018. Department of Justice to seek a court order in rem against websites Tel: +91 - 422 – 6552921 dedicated to infringing activities, if through due diligence, an individual owner or operator cannot be located. • The bill requires the Attorney General to serve notice to the defendant. Once the court issues an order, it could be served on financial transaction providers, Internet advertising services, Internet service providers, and information location tools to require them to EMAIL info@altacit.com stop financial transactions with the rogue site and remove links to it. WEBSITE www.altacit.com
    5. 5. CHENNAI3rd Floor, ‘Creative Enclave’, • The term "information location tool" is borrowed from the Digital148-150, Luz Church Road, Mylapore, Millennium Copyright Act and is understood to refer to search Chennai - 600 004. Tel: +91 - 44 - 2498 4821 engines but could cover other sites that link to content. BANGALORE • The PROTECT IP Act says that an "information location tool shall Suite 920, Level 9, Raheja Towers, take technically feasible and reasonable measures, as 26-27, M G Road, Bangalore - 560 001. expeditiously as possible, to remove or disable access to the Tel: +91 - 80 - 6546 2400 Internet site associated with the domain name set forth in the COIMBATORE BB1, Park Avenue, order". In addition, it must delete all hyperlinks to the offending # 48, Race Course Road, Coimbatore - 641018. "Internet site". Tel: +91 - 422 – 6552921 • Non authoritative domain name servers would be ordered to take technically feasible and reasonable steps to prevent the domain name from resolving to the IP address of a website that had been found by the court to be "dedicated to infringing activities." The website could still be reached by its IP address, but links or users that used the website’s domain name would not reach it. EMAIL info@altacit.com WEBSITE www.altacit.com
    6. 6. CHENNAI3rd Floor, ‘Creative Enclave’,148-150, Luz Church Road, Mylapore, Chennai - 600 004. • Search engines—such as Google—would be ordered to Tel: +91 - 44 - 2498 4821 "(i) remove or disable access to the Internet site BANGALORE Suite 920, Level 9, associated with the domain name set forth in the [court] Raheja Towers, 26-27, M G Road, order; or (ii) not serve a hypertext link to such Internet site." Bangalore - 560 001. Tel: +91 - 80 - 6546 2400 COIMBATORE BB1, Park Avenue, • Trademark and copyright holders who have been harmed # 48, Race Course Road, Coimbatore - 641018. by the activities of a website dedicated to infringing Tel: +91 - 422 – 6552921 activities would be able to apply for a court injunction against the domain name to compel financial transaction providers and Internet advertising services to stop processing transactions to and placing ads on the website but would not be able to obtain the domain name EMAIL remedies available to the Attorney General. info@altacit.com WEBSITE www.altacit.com
    7. 7. WHAT DOES THE LEGISLATION DO? CHENNAI3rd Floor, ‘Creative Enclave’,148-150, Luz Church Road, • There are already laws that protect copyrighted material, Mylapore, Chennai - 600 004. Tel: +91 - 44 - 2498 4821 including the Digital Millennium Copyright Act (DMCA). BANGALORE But while the DMCA focuses on removing specific, Suite 920, Level 9, Raheja Towers, unauthorized content from the Internet, SOPA and PIPA 26-27, M G Road, Bangalore - 560 001. instead target the platform -- that is, the site hosting the Tel: +91 - 80 - 6546 2400 unauthorized content. COIMBATORE BB1, Park Avenue, # 48, Race Course Road, • The bills would give the Justice Department the power to Coimbatore - 641018. Tel: +91 - 422 – 6552921 go after foreign websites willfully committing or facilitating intellectual property theft -- "rogue" sites like The Pirate Bay. The government would be able to force U.S.-based companies, like Internet service providers, credit card companies and online advertisers, to cut off ties with those sites. EMAIL info@altacit.com WEBSITE www.altacit.com
    8. 8. WHY CONTENT PROVIDERS WANT SOPA AND PIPA? CHENNAI3rd Floor, ‘Creative Enclave’,148-150, Luz Church Road, Mylapore, Chennai - 600 004. • Content groups like the Motion Picture Association of Tel: +91 - 44 - 2498 4821 America (MPAA), and business representatives like the U.S. BANGALORE Suite 920, Level 9, Chamber of Commerce, argue that innovation and jobs in Raheja Towers, 26-27, M G Road, content-creating industries are threatened by growing Internet piracy. Overseas websites are a safe haven for Bangalore - 560 001. Tel: +91 - 80 - 6546 2400 COIMBATORE Internet pirates profiting off their content. BB1, Park Avenue, # 48, Race Course Road, Coimbatore - 641018. • According to the Global Intellectual Property Center, which is Tel: +91 - 422 – 6552921 part of the U.S. Chamber of Commerce, intellectual property- intensive sectors employ more than 19 million people in the U.S. and create $7.7 trillion in gross output. Foreign website operators currently outside the bounds of U.S. law; SOPA and PIPA would help quell illegitimate Internet activity. EMAIL info@altacit.com WEBSITE www.altacit.com
    9. 9. CHENNAI3rd Floor, ‘Creative Enclave’,148-150, Luz Church Road, Mylapore, • "Its a dangerous and troubling development when the Chennai - 600 004. Tel: +91 - 44 - 2498 4821 platforms that serve as gateways to information BANGALORE intentionally skew the facts to incite their users in order Suite 920, Level 9, Raheja Towers, 26-27, M G Road, to further their corporate interests," Dodd the CEO of the Bangalore - 560 001. Tel: +91 - 80 - 6546 2400 MPAA said. COIMBATORE • CBS Corporation, which owns CBSNews.com, is a member BB1, Park Avenue, # 48, Race Course Road, of the Copyright Alliance -- an industry group Coimbatore - 641018. Tel: +91 - 422 – 6552921 representing content producers that supports SOPA and PIPA. EMAIL info@altacit.com WEBSITE www.altacit.com
    10. 10. WHY INTERNET COMPANIES OPPOSE SOPA AND PIPA? CHENNAI3rd Floor, ‘Creative Enclave’,148-150, Luz Church Road, Mylapore, • Internet companies and their investors would readily say Chennai - 600 004. Tel: +91 - 44 - 2498 4821 that theyre holding the "blackout" to protect their corporate BANGALORE interests -- and the entire burgeoning Internet-based Suite 920, Level 9, Raheja Towers, 26-27, M G Road, economy. Bangalore - 560 001. Tel: +91 - 80 - 6546 2400 • Under the rules SOPA or PIPA the start ups wouldnt be able COIMBATORE to handle the costs that come with defending their sites BB1, Park Avenue, # 48, Race Course Road, against possible violations. Such sites would not be able to Coimbatore - 641018. Tel: +91 - 422 – 6552921 pay the large teams of lawyers that established sites like Google or Facebook can afford. • The legislation in question targets foreign companies whose primary purpose is to sell stolen or counterfeit goods -- but opponents say domestic companies could still be held liable EMAIL for linking to their content. info@altacit.com WEBSITE www.altacit.com
    11. 11. CHENNAI3rd Floor, ‘Creative Enclave’,148-150, Luz Church Road, Mylapore, Chennai - 600 004. • The impacts could go beyond the economy. Rebecca Tel: +91 - 44 - 2498 4821 MacKinnon, a senior fellow at the nonpartisan New BANGALORE Suite 920, Level 9, America Foundation, argues that if blogging platforms are Raheja Towers, 26-27, M G Road, motivated to monitor their content that could have "a tremendous chilling effect on people trying to conduct Bangalore - 560 001. Tel: +91 - 80 - 6546 2400 COIMBATORE political discourse and trying to use content in a fair use BB1, Park Avenue, # 48, Race Course Road, Coimbatore - 641018. context." Tel: +91 - 422 – 6552921 EMAIL info@altacit.com WEBSITE www.altacit.com
    12. 12. WHERE DOES THE LEGISLATION STAND? CHENNAI3rd Floor, ‘Creative Enclave’,148-150, Luz Church Road, Mylapore, Chennai - 600 004. Tel: +91 - 44 - 2498 4821 In the wake of online protests held on January 18, BANGALORE Suite 920, Level 9, 2012, Senate Majority Leader Harry Reid Raheja Towers, 26-27, M G Road, announced that a vote on the bill would be Bangalore - 560 001. Tel: +91 - 80 - 6546 2400 postponed until issues raised about the bill were COIMBATORE BB1, Park Avenue, # 48, Race Course Road, resolved. Coimbatore - 641018. Tel: +91 - 422 – 6552921 EMAIL info@altacit.com WEBSITE www.altacit.com
    13. 13. CONCLUSION CHENNAI3rd Floor, ‘Creative Enclave’,148-150, Luz Church Road, Mylapore, Chennai - 600 004. Tel: +91 - 44 - 2498 4821 The OPEN Act would make the International Trade BANGALORE Commission, rather than the Justice Department, Suite 920, Level 9, Raheja Towers, responsible for policing U.S. connections to foreign rogue sites. Placing that responsibility in the hands of 26-27, M G Road, Bangalore - 560 001. Tel: +91 - 80 - 6546 2400 COIMBATORE one entity, rather than the whole court system, would BB1, Park Avenue, # 48, Race Course Road, make the process more transparent. Coimbatore - 641018. Tel: +91 - 422 – 6552921 EMAIL info@altacit.com WEBSITE www.altacit.com
    14. 14. CHENNAI3rd Floor, ‘Creative Enclave’,148-150, Luz Church Road, Mylapore, Chennai - 600 004. Tel: +91 - 44 - 2498 4821 BANGALORE Suite 920, Level 9, Raheja Towers, THANK YOU 26-27, M G Road, Bangalore - 560 001. Tel: +91 - 80 - 6546 2400 COIMBATORE BB1, Park Avenue, # 48, Race Course Road, Coimbatore - 641018. Tel: +91 - 422 – 6552921 EMAIL info@altacit.com WEBSITE www.altacit.com

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