Napster is a great example of the use of the intellectual property rights laws to protect an industry. As you answer this question consider the theft of U.S. intellectual property through the use of malware and hacking mechanisms from Chinese industry or government. Will our laws protect us from these types of threats? Have they worked against China? Why or Why not?
As it appears to me, there are two categories of “Intellectual Property”. Entertainment (music/movies/literature) and Industry (patents/software/schemata).
I believe there are no real grounds for prosecuting the end user of Entertainment Intellectual property. If you can watch a movie in theaters in under 3 clicks, that isn’t a crime. It’s an attractive nuisance at best. The Entertainment industry changed with the internet revolution, and if major producers aren’t able to keep up, they will fall victim to convenience. Major film producers agree, there isn’t much you can get out of a theater that you can’t experience in your own home. (https://torrentfreak.com/james-cameron-theater-experience-key-to-containing-piracy-160727/)
Industry intellectual property is a different animal altogether. If an American company took a patent from another American company, and used it to produce a product, they would be fined, sued, and possibly imprisoned, and the claimant would be reimbursed by order of law. If an American company took a patent from a Non-American company, and used it to produce a product, they would be fined, sued, and possibly (though not as likely) imprisoned, and the claimant would be reimbursed by order of law.
But when an American business falls victim to copyright infringement or intellectual property theft, as in the instance of Chinese Piracy, there are no repercussions and American Businesses suffer. I think at the very least our government should be held responsible and provide recompense for punitive damages suffered by the hands of international Intellectual Piracy.
Until someone is held accountable for the industries losses, there won’t be any action towards prevention, regardless of how many times American and Chinese presidents say they won’t do it anymore.
” Am I correct in saying you believe the American government should be held responsible for IP stolen from from actors? If so why and what do you think the financial impact to the U.S would be?”
Absolutely not.
I believe it would be impossible to prove their true loss of income. Just because a consumer would watch a movie being streamed off a website that they could access for free in 3 short clicks, doesn’t mean they would but a 40 dollar Blu Ray _ DVD _ Digital Edition, or spend 60 dollars on a date at a movie. I don’t think you could hold the government accountable for Entertainment Intellectual Property.
But in the instance of Luke’s example, where Xiaomei bought out Segway, and as Jasen pointed out, probably with profits pilfered from Segway, by use of stolen intellectual property, Industrial Intellectual Property actually affects our economy.
I am saying that if our Government isn’t held responsible for international affairs, and instances of economic sabotage and subterfuge, then it is unlikely that there will be any real enforcement of improvement to current IP Piracy Laws, especially ones pertaining to China.
” Under what legal authority would taxpayer funds be use to compensate the private sector for copyright infringement and IP theft perpetrated by foreign entities or foreign state actors? I agree violators should be penalized and victims compensated, but I don’t think it’s the U.S. taxpayers responsibility to pay for it.”
Just give the victimized Corporation Tax breaks. No sense in American engineers, programmers, or architects to lose their jobs because their company got hacked, IP was stolen, their business was undercut by a startup competitor, and now they need to lay off employees.
I can’t say I agree that the US should have to pay for punitive damages caused by international intellectual piracy. American tax money isn’t used to settle international business losses or damages.
Maybe I’m wrong. I’m definitely not qualified to make that assessment. But I feel as if the government is supposed to protect us from foreign attackers. And if the government isn’t accountable for the damages, they won’t do anything about it.
If the digital attacks inflicted upon America were physical provocations, it’d lead to something.
But since they are digital and can be considered Victimless, the Government has it’s hands tied, and instead of acting, merely pays lip service to the problem, then stands back watches it grow.