Aesop's and other Fables - Collection Copyright Notice
This Collection of Aesop's and other Fables is
Copyright © 1996-2020 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
`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,
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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