1oz61wa

Legislative History (COICA, PIPA and SOPA)
65. 19 C.F.R. § 210.75 (2014) (“Prior to effecting any modification, revocation, or exclusion under this
section, the Commission shall consider the effect of such action upon the public health and welfare, competitive
conditions in the U.S. economy, the production of like or directly competitive articles in the United States, and
U.S. consumers.”).
66. Senator Wyden explained, “The OPEN Act takes a much narrower and more targeted approach to
combating online infringement than other proposed legislation by targeting only sites “primarily and willfully”
engaging in infringement” (available at http://wyden.senate.gov/issues/issue/?id=e881b316-5218-4bcd-80a1-
9112347fe2f4).
67. As Chairman Smith explained, “The Wyden-Issa bill [the OPEN Act] narrows the definition of an illegal
infringing site to such an extreme that it will be virtually meaningless and nearly impossible to prove.” Press
Release, “OPEN Act Increases Bureaucracy, Won’t Stop IP Theft” (Jan. 19, 2012) (available at http://
judiciary.house.gov/news/01192012.html?scp=2&sq=lamar%20smith&st=cse).
68. Mitch Glazier, “A Case For Closing OPEN: ITC, 33 Months Later... ,” RIAA’s Music Notes Blog (Jan.
4, 2012) (available at http://riaa.com/blog.php?content_selector=riaa-news-blog&content_selector=riaa-newsblog&blog_selector=Case-For-Closing-OPEN-&news_month_filter=1&news_year_filter=2012)
(“Why in the
world would we shift enforcement against these sites from the Department of Justice and others who are wellversed
in these issues to the ITC, which focuses on patents and clearly does not operate on the short time frame
necessary to be effective? In addition, the remedy traditionally offered by the ITC—an exclusion order to prevent
foreign criminals from accessing the US market—is precluded under the OPEN Act.”); Eric Engleman & Susan
Decker , “Fighting Movie Piracy Seen Likely to Swamp U.S. Trade Agency,” Bloomberg News (Dec. 7, 2011)
(available at http://www.bloomberg.com/news/2011-12-07/fighting-movie-piracy-seen-likely-to-swamp-u-strade-agency.html);
Holly Lance, “Not So Technical: An Analysis of Federal Circuit Patent Decisions Appealed
from the ITC,” 17 Mich. Telecomm. & Tech. L. Rev. 243 (2010) (available at http://www.mttlr.org/volseventeen/
lance.pdf) (“The ITC almost exclusively addresses patent infringement violations, possibly because trademark
and copyright holders are able to register their intellectual property with Customs and Border Protections and
therefore may not have as much use for the protections of the ITC.”).
69. ITC, The Year in Trade 2010, Operation of the Trade Agreements Program, Pub. 4247 at xvii (July
2011) (available at http://www.usitc.gov/publications/332/pub4247.pdf).
70. MPAA Press Release, “OPEN Act Ineffective in Targeting Growing Threat of Foreign Criminal
Websites” (Jan. 11, 2012) (available at http://www.mpaa.org/resources/428712e0-704e-4f00-b2ab-
2e5c59b35a82.pdf) (“It creates a time consuming and costly method for copyright holders to adjudicate against
foreign thieves. Instead of using the federal courts that already decide copyright infringement cases, it adds
additional hurdles for independent artists and small businesses. The bill does not contain technical means to
block foreign websites from the American market and it allows companies profiting from online piracy to
advocate for foreign rogue websites against rightful American copyright holders. Finally, the legislation will lead
to a costly expansion of bureaucracy.”).
71. Patent litigators Steven Carlson and Alexander Harguth (Fish & Richardson, P.C.) wrote in a presentation
about proceedings in the ITC, “Budget will be similar to district court litigation, except that fees and costs
will be compressed into one year, instead of spread out over several years.” (available at http://www.fr.com/files/
uploads/attachments/munich/2-CarlsonAndHarguth-ITC.pdf).
72. Tim Smith & Katherine A. Franco, “Patent Enforcement at the International Trade Commission: Is It
Worth It?,” Renewable Energy World, Feb. 18, 2011 (previously available at http://
www.renewableenergyworld.com/rea/news/article/2011/02/patent-issues-patent-enforcement-at-the-internationaltrade-commission-is-it-worth-it).
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