Aesop's and other Fables - Collection Copyright Notice

This Collection of Aesop's and other Fables is
Copyright © 1996-2002 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 © 1996-2002 John R. Long - STAR SYSTEMS - sstec.com

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