Anyone using counterfeit products who "recklessly causes or attempts to cause death" can be imprisoned for life. During a conference call, Justice Department officials gave the example of a hospital using pirated software instead of paying for it.
Forfeiture of property covered by this section, as well as any seizure and distribution of the property and any related judicial or administrative proceeding, would be governed by the procedures set forth in section 413 of the Comprehensive Drug Abuse Prevention and Control Act of 1970 (21 U.S.C. S 853), other than subsection (d) of that section (specific to certain drug-related cases). The procedures for forfeiture proceedings referenced at 2 1 U.S.C. S 8536) apply to criminal forfeiture proceedings under section 506.
For example, where law enforcement officials raided a facility engaged in production of counterfeit CDs and DVDs, this change allows civil forfeiture of not only counterfeit discs that had already been produced, and the equipment used to produce them, but also such items as blank media or polycarbonate intended for use in producing additional discs.
a) Criminal Infringement.— Any person who infringes a copyright willfully either—
(1) for purposes of commercial advantage or private financial gain, or
(2) by the reproduction or distribution, including by electronic means, during any 180-day period, of 1 or more copies or phonorecords of 1 or more copyrighted works, which have a total retail value of more than $1,000,
SECTION 4. CRIMINAL INFRINGEMENT
(a) IN GENERAL- Section 506(a)(l) of title 17, United States Code, is amended
(1) by inserting "or attempts to infringe" before "a copyright" and
(2) by striking the comma and "if the infringement was committed" after "18";
(3) by striking subparagraph (A) and inserting "(A) if the infringement was
committed or attempted for purposes of commercial advantage or private financial
(4) in subparagraph (B), by striking "by the reproduction or distribution" and
inserting "if the infringement was committed or attempted by the reproduction or
(6) by inserting at the beginning of subparagraph (C) "if the infringement was
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