KOSEN 한인과학기술자네트워크

Technological developments related to the Internet benefit consumers who want convenient ways
to view and hear information and entertainment content on a variety of electronic devices (such as
televisions, radios, computers, mobile phones, video game consoles, and portable media players).
New technologies offer the potential to help copyright holders promote their creative works for
artistic, educational, and commercial reasons. However, new technologies may increase the risk
of infringement of the copyright holders’ rights because they often provide faster, cheaper, and
easier means of engaging in unauthorized reproduction, distribution, and public performance of
copyrighted works than previous technologies. The widespread consumer use of high-speed
Internet connections as well as increased reliance on data storage offered by “cloud computing”
services may also contribute to infringement problems.
One of these new technologies enables the “streaming” of copyrighted content over the Internet
from a website to an end user. There are many legitimate streaming websites such as Hulu,
Netflix, YouTube, and HBO GO that offer on-demand streams of television programs, motion
pictures, live sporting events, and sound recordings. However, streaming technology can also be
misused for facilitating copyright infringement online. So-called “rogue” websites serve as an
alternative to the authorized websites, willfully streaming unlawfully obtained copyrighted
content to users and thereby infringing the copyright holder’s exclusive right to control public
performance of the work. By offering consumers an unlawful alternative for viewing streaming
content, these rogue websites may reduce the number of people who would otherwise visit the
legitimate providers of copyrighted material.
To enforce their intellectual property rights, copyright holders may file a lawsuit against the
alleged infringer. In addition to these civil remedies, the U.S. Department of Justice has the power
to criminally prosecute particularly egregious copyright infringers (repeat and large-scale
offenders) in order to impose greater punishment and possibly deter other would-be infringers.
Yet under the current law, many illegal streaming websites have evaded prosecution due largely
to a disparity regarding the criminal penalties available for those who willfully infringe
copyrights by means of reproduction and distribution (a felony offense in certain circumstances)
and those who infringe copyrights by means of public performance (a misdemeanor).
In March 2011, the U.S. Intellectual Property Enforcement Coordinator recommended Congress
amend the law to harmonize penalties for the act of illegally streaming copyrighted content with
those applicable to downloading and peer-to-peer file sharing of such protected material: “To
ensure that Federal copyright law keeps pace with infringers, and to ensure that DOJ and U.S. law
enforcement agencies are able to effectively combat infringement involving new technology, the
Administration recommends that Congress clarify that infringement by streaming, or by means of
other similar new technology, is a felony in appropriate circumstances.”
Following this recommendation, S. 978 was introduced in the 112th Congress. Commonly referred
to as the Commercial Felony Streaming Act, S. 978 would authorize a maximum five-year prison
sentence for those who, without authorization, willfully stream commercially valuable
copyrighted material for purposes of commercial advantage or private financial gain. It also
expands the current felony offense of unauthorized distribution of a pre-release commercial
copyrighted work to include “public performance” of such work as an additional basis for
prosecution. The Senate Judiciary Committee approved the bill on June 16, 2011, by voice vote,
and Senator Leahy reported the bill on June 20 without amendment.