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- Date: 8 Oct 92 12:40:51
- From: Anonymous@anon.ymous.com
- Subject: File 3--Anti-Piracy Legisla<tion (S 893)
-
- ((MODERATORS' COMMENT: The following is not the Bill's final wording.
- Some minor changes were made at the last minute. However, it is
- substantively the same Bill that is now law)).
-
-
-
- BILL TRACKING REPORT
-
-
- 102nd Congress
- 1st Session
-
- U. S. Senate
-
- S 893
-
- 1991 S. 893
-
- AMENDMENT, TITLE 18, UNITED STATES CODE
-
- DATE-INTRO: April 23, 1991
-
- LAST-ACTION-DATE: October 5, 1992
-
- FINAL STATUS: Pending
-
- SPONSOR: Senator Orrin G. Hatch R-UT
-
- TOTAL-COSPONSORS: 2 Cosponsors: 1 Democrats / 1 Republicans
-
- SYNOPSIS: A bill to amend title 18, United States Code, to impose criminal
- sanctions for violation of software copyright.
-
- ACTIONS: Committee Referrals:
- 04/23/91 Senate Judiciary Committee
- 06/09/92 House Judiciary Committee
-
- Legislative Chronology:
-
- 1st Session Activity:
- 04/23/91 137 Cong Rec S 4837 Referred to the Senate Judiciary Committee
- 04/23/91 137 Cong Rec S 4862 Remarks by Sen. Hatch
- 07/25/91 137 Cong Rec D 972 Senate Subcommittee on Patents, Copyrights
- and Trademarks approved for full Committee
- consideration
- 08/01/91 137 Cong Rec D 1036 Senate Judiciary Committee ordered favorably
- reported
- 09/23/91 137 Cong Rec S 13465 Cosponsors added
-
- 2nd Session Activity:
- 04/07/92 138 Cong Rec S 4931 Reported in the Senate (S. Rept. No.
- 102-268)
- 06/04/92 138 Cong Rec S 7580 Passed in the Senate, after agreeing to
- an amendment proposed thereto, by voice
- vote
- 06/04/92 138 Cong Rec S 7580 Senate adopted Specter (for Hatch)
- Amendment No. 1868, to make a technical
- correction, by voice vote
- 06/04/92 138 Cong Rec S 7613 Hatch Amendment No. 1868, submitted
- 06/09/92 138 Cong Rec H 4338 Senate requested the concurrence of the
- House
- 06/09/92 138 Cong Rec H 4445 Referred to the House Judiciary Committee
- 08/12/92 138 Cong Rec D 1066 House Subcommittee on Intellectual Property
- and Judicial Administration held a hearing
- 09/10/92 138 Cong Rec D 1094 House Subcommittee on Intellectual Property
- and Judicial Administration approved for
- full Committee action amended
- 09/30/92 138 Cong Rec D 1246 House Judiciary Committee ordered reported,
- amended
- 10/03/92 138 Cong Rec H 11129 House voted to suspend the rules and pass,
- amended, by voice vote
- 10/03/92 138 Cong Rec H 11129 House agreed to amend the title, by voice
- vote
- 10/03/92 138 Cong Rec H 11196 Reported in the House, amended (H. Rept.
- 102-997)
- 10/05/92 138 Cong Rec S 16975 House requested the concurrence of the
- Senate
-
- BILL-DIGEST: (from the CONGRESSIONAL RESEARCH SERVICE)
- 0604/92 (Measure passed Senate, amended ) Amends the Federal criminal code
- to impose criminal sanctions for copyright violations involving the
- reproduction or distribution, during any 180-day period, of specified
- numbers of copies infringing the copyright in one or more computer programs.
-
- CRS Index Terms:
-
- Crime and criminals; Computer software; Copyright infringement; Fines
- (Penalties)
-
- CO-SPONSORS:
-
- Original Cosponsors:
-
- DeConcini D-AZ
-
- Added 09/23/91:
-
- Gorton R-WA
-
-
-
- FULL TEXT OF BILLS
-
- 102ND CONGRESS; 2ND SESSION
- IN THE HOUSE OF REPRESENTATIVES
- AS REPORTED IN THE HOUSE
-
- S. 893
-
- 1991 S. 893;
-
- SYNOPSIS:
- AN ACT
- To amend title 18, United States Code, to impose criminal sanctions for
- violation of software copyright.
-
- DATE OF INTRODUCTION: FEBRUARY 28, 1991
-
- DATE OF VERSION: OCTOBER 5, 1992 -- VERSION: 5
-
- SPONSOR(S):
- Sponsor not included in this printed version.
-
- TEXT:
- 102D CONGRESS
- 2D SESSION
- S. 893
-
- Report No. 102-997
- To amend title 18, United States Code, to impose criminal sanctions for
- violation of software copyright.
-
- -------------------------------------
-
- IN THE HOUSE OF REPRESENTATIVES
-
- JUNE 9, 1992
- Referred to the Committee on the Judiciary
-
- OCTOBER 3, 1992
- Reported with amendments, committed to the Committee of the Whole House
- on the State of the Union, and ordered to be printed
-
- Strike out all after the enacting clause and insert the part printed in
- italic
- -------------------------------------
-
- AN ACT
- To amend title 18, United States Code, to impose criminal sanctions for
- violation of software copyright.
-
- * Be it enacted by the Senate and House of Representatives of the United*
- *States of America in Congress assembled, *
- ** That (a) section 2319(b)(1) of title 18, United States Code, is
- amended-
- (1) in paragraph (B) by striking "or" after the semicolon;
- (2) redesignating paragraph (C) as paragraph (D);
- (3) by adding after paragraph (B) the following:
- "(C) involves the reproduction or distribution, during any
- 180-day period, of at least 50 copies infringing the copyright
- in one or more computer programs (including any tape, disk, or
- other medium embodying such programs); or";
- (4) in new paragraph (D) by striking "or" after "recording,"; and
- (5) in new paragraph (D) by adding ", or a computer program",
- before the semicolon.
- (b) Section 2319(b)(2) of title 18, United States Code, is amended-
- (1) in paragraph (A) by striking "or" after the semicolon;
- (2) in paragraph (B) by striking "and" at the end thereof and
- inserting "or"; and
- (3) by adding after paragraph (B) the following:
- "(C) involves the reproduction or distribution, during any
- 180-day period, of more than 10 but less than 50 copies
- infringing the copyright in one or more computer programs
- (including any tape, disk, or other medium embodying such
- programs); and".
- (c) Section 2319(c) of title 18, United States Code, is amended-
- (1) in paragraph (1) by striking "and" after the semicolon;
- (2) in paragraph (2) by striking the period at the end thereof and
- inserting "; and"; and
- (3) by adding at the end thereof the following:
- "(3) the term 'computer program' has the same meaning as set forth
- in section 101 of title 17, United States Code.".
- *SECTION 1. CRIMINAL PENALTIES FOR COPYRIGHT INFRINGEMENT. *
- * Section 2319(b) of title 18, United States Code, is amended to read as*
- *follows: *
- * "(b) Any person who commits an offense under subsection (a) of this *
- *section- *
- * "(1) shall be imprisoned not more than 5 years, or fined in the *
- * amount set forth in this title, or both, if the offense consists of *
- * the reproduction or distribution, during any 180-day period, of at *
- * least 10 copies or phonorecords, of 1 or more copyrighted works, *
- * with a retail value of more than $2,500; *
- * "(2) shall be imprisoned not more than 10 years, or fined in the *
- * amount set forth in this title, or both, if the offense is a second *
- * or subsequent offense under paragraph (1); and *
- * "(3) shall be imprisoned not more than 1 year, or fined in the *
- * amount set forth in this title, or both, in any other case.". *
- *SEC. 2. CONFORMING AMENDMENTS. *
- * Section 2319(c) of title 18, United States Code, is amended- *
- * (1) in paragraph (1) by striking " 'sound recording', 'motion *
- * picture', 'audiovisual work', 'phonorecord'," and inserting " *
- * 'phonorecord' "; and *
- * (2) in paragraph (2) by striking "118" and inserting "120". *
- Amend the title so as to read: "An Act to amend title 18, United States
- Code, with respect to the criminal penalties for copyright
- infringement.".
- Passed the Senate June 4 (legislative day, March 26), 1992.
- Attest:
- WALTER J. STEWART,
- * Secretary.*
-
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