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Friday, January 4, 2013

Camming Group Leader Sentenced To 5 Years; Barred From Owning 'Any Device' That Can Infringe Copyrights After Release

Camming Group Leader Sentenced To 5 Years; Barred From Owning 'Any Device' That Can Infringe Copyrights After Release

from the how's-that-going-to-work dept

The DOJ triumphantly announced the five year sentence handed down to Jeremiah Perkins, who was named as the "leader" of IMAGiNE, a group that coordinated the recording of movies in theaters for upload to the internet. The DOJ and ICE arrested many of those involved in the group last year, and was able to convince them to do plea deals over "conspiracy to commit criminal copyright infringement." It's a bit of a stretch to claim their actions met the requirements of "criminal" copyright infringement, but they did get some money for their actions, and that tripped the wire. I don't have an issue with them getting in trouble for their actions, which were pretty blatant infringement, though I'll say that the punishment of five years in jail seems ridiculously excessive when this one group's actual impact on movie piracy was non-notable. So many leaks are internal leaks, rather than cams -- and even if they take down this one group, it's not like it stopped any movies from showing up online quickly. And, of course, none of this does anything to make people buy. So I fail to see the value in spending taxpayer money going after these people, and then paying for their prison sentence at a time when our prisons are overcrowded.

But the issue that gets me about this is this bit, highlighted by TorrentFreak:
After his imprisonment ends Perkins will be subjected to a further three years of supervised release and will be banned from possessing “any electronic device with the capability or reproducing and distributing copies of copyrighted materials.”
That's basically pretty much any electronic device these days. Computer, phone, camera, tablet. Anything that can record audio or video or take a picture has that capability. Five years from now, it's likely to include many more commonly used devices as well. That seems ridiculously excessive. Especially given that devices that can infringe on copyrights also do a ton of legitimate and important things, to say that he can't possess any such device seems ridiculously limiting. The MPAA, who pushed this prosecution (which, again, was led by Neil MacBride -- the former industry anti-piracy enforcer -- who now does the same job for the government and rarely misses an opportunity to support his former colleagues), don't see any problem with completely taking away all devices that can infringe on copyright from someone, but that's because they still don't realize how central to culture and society such devices have become these days.

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