Aesop's and other Fables - Collection Copyright Notice

This Collection of Aesop's and other Fables is
Copyright 1996-2007 John R. Long - STAR SYSTEMS


H.R.2652

Collections of Information Antipiracy Act

excerpts as follows -

SEC. 2. MISAPPROPRIATION OF COLLECTIONS OF INFORMATION. Title 17, United States Code, is amended by adding at the end the following new chapter: `CHAPTER 12--MISAPPROPRIATION OF COLLECTIONS OF INFORMATION `Sec. `1201. Prohibition against misappropriation. `1202. Permitted acts. `1203. Exclusions. `1204. Definitions. `1205. Relationship to other laws. `1206. Civil remedies. `1207. Criminal offenses and penalties. `1208. Limitations on actions. `Sec. 1201. Prohibition against misappropriation `Any person who extracts, or uses in commerce, all or a substantial part of a collection of information gathered, organized, or maintained by another person through the investment of substantial monetary or other resources, so as to harm that other person's actual or potential market for a product or service that incorporates that collection of information and is offered by that other person in commerce, shall be liable to that person for the remedies set forth in section 1206. `Sec. 1202. Permitted acts `(a) INDIVIDUAL ITEMS OF INFORMATION AND OTHER INSUBSTANTIAL PARTS- Nothing in this chapter shall prevent the extraction or use of an individual item of information, or other insubstantial part of a collection of information, in itself. `(d) NOT-FOR-PROFIT EDUCATIONAL, SCIENTIFIC, OR RESEARCH USES- Nothing in this chapter shall restrict any person from extracting or using information for not-for-profit educational, scientific, or research purposes in a manner that does not harm the actual or potential market for the product or service referred to in section 1201. `(e) NEWS REPORTING- Nothing in this chapter shall restrict any person from extracting or using information for the sole purpose of news reporting. `Sec. 1206. Civil remedies `(a) CIVIL ACTIONS- Any person who is injured by a violation of section 1201 may bring a civil action for such a violation in an appropriate United States district court without regard to the amount in controversy, except that any action against a State governmental entity may be brought in any court that has jurisdiction over claims against such entity. `(b) TEMPORARY AND PERMANENT INJUNCTIONS- Any court having jurisdiction of a civil action under this section shall have the power to grant temporary and permanent injunctions, according to the principles of equity and upon such terms as the court may deem reasonable, to prevent a violation of section 1201. Any such injunction may be served anywhere in the United States on the person enjoined, and may be enforced by proceedings in contempt or otherwise by any United States district court having jurisdiction over that person. `(c) IMPOUNDMENT- At any time while an action under this section is pending, the court may order the impounding, on such terms as it deems reasonable, of all copies of contents of a collection of information extracted or used in violation of section 1201, and of all masters, tapes, disks, diskettes, or other articles by means of which such copies may be reproduced. The court may, as part of a final judgment or decree finding a violation of section 1201, order the remedial modification or destruction of all copies of contents of a collection of information extracted or used in violation of section 1201, and of all masters, tapes, disks, diskettes, or other articles by means of which such copies may be reproduced. `(d) MONETARY RELIEF- When a violation of section 1201 has been established in any civil action arising under this section, the plaintiff shall be entitled, subject to the principles of equity, to recover defendant's profits, any damages sustained by the plaintiff, and the costs of the action. The court shall assess such profits or damages or cause the same to be assessed under its direction. In assessing profits the plaintiff shall be required to prove defendant's sales only; defendant must prove all elements of cost or deduction claims. In assessing damages the court may enter judgment, according to the circumstances of the case, for any sum above the amount found as actual damages, not exceeding three times such amount. The court in its discretion may award reasonable costs and attorney's fees to the prevailing party. `Sec. 1207. Criminal offenses and penalties `(a) VIOLATION- Any person who violates section 1201 willfully, and-- `(1) does so for direct or indirect commercial advantage or financial gain, or `(2) thereby causes loss or damage aggregating $10,000 or more in any 1-year period to the person who gathered, organized, or maintained the information concerned, shall be punished as provided in subsection (b). `(b) PENALTIES- An offense under subsection (a) shall be punishable by a fine of not more than $250,000 or imprisonment for not more than 5 years, or both. A second or subsequent offense under subsection (a) shall be punishable by a fine of not more than $500,000 or imprisonment for not more than 10 years, or both.

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This Copyright notice is
Copyright © 1996-2007 John R. Long - STAR SYSTEMS - sstec.com

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