18 Tex. Wesleyan L. Rev. 309 (2011-2012)
Internet Piracy: Is Protecting Intellectual Property Worth Government Censorship

handle is hein.journals/twlr18 and id is 313 raw text is: INTERNET PIRACY: IS PROTECTING
INTELLECTUAL PROPERTY WORTH
GOVERNMENT CENSORSHIP?
By: Grace Espinosa
ABSTRACT
Intellectual property law has struggled to keep up with new technologies
and the issues posed by new mediums of communication. With the rise of the
Internet, digital piracy has led to millions of dollars worth of losses in Ameri-
can intellectual property. The Digital Millennium Copyright Act (DMCA )
was intended to address some of the problems related to online infringement;
however, at the time the DMCA was drafted, the legislature did not foresee
that peer-to-peer file sharing software would give millions of users instant ille-
gal access to copyrighted works.
In response to lobbying for an expansion of copyright protection, the Senate
introduced the Preventing Real Online Threats to Economic Creativity and
Theft of Intellectual Property Act. The Act will give the Attorney General the
power to bring an action against websites dedicated to online infringement. If
the Attorney General is successful, the court may issue an order to internet
service providers to block access to the infringing site, to financial institutions
to stop providing online payment systems to infringing sites, and to online
advertisers to prevent them from purchasing ad space on the infringing web-
site. Additionally, the Act will require Internet service providers to block all
access to foreign infringing web pages from within the United States.
Proponents of the Act are certain that it will help decrease the prevalence of
online infringement; however, critics of the Act argue that it is overly broad
and will trample over free speech. This Comment discusses the history of
modern copyright law, including the rise of digital piracy, and the implications
of the proposed Intellectual Property Act.
TABLE OF CONTENTS
I. INTRODUCTION..........................................        310
A. What is Online Piracy? ................         ........ 311
B. The Rise of Digital Piracy        ...................... 312
C. How p2p File Sharing Really Works .............. 312
II. EvOLUTION OF COPYRIGHT PROTECTION ............... 314
A. A Brief History of Copyright Law ................ 314
B. International Copyright Law ..............        ...... 316
1. The Berne Convention ............          ......... 316
2. Trade-Related Aspects of Intellectual
Property .....       ........................       317
III. CURRENT APPROACH TO DIGITAL COPYRIGHT
ENFORCEMENT..........................................        317
A. The United States Code ...      .................... 317
B. The Digital Millennium Copyright Act ............         318
C. Remedies for Copyright Infringement ............. 320
D. Limitations on Copyright Protection ..............        320
309

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