Spokesmen for the MPAA, RIAA and several other content industry companies recently issued a statement of support for the new “Stop Airline Piracy Act” or SAPA, now before congress.
SAPA seeks to address the massive tide of copyright infringing material flowing into the USA on commercial airlines and delivery services. Today in China and many other countries, bootleg DVDs, CDs and software disks are being manufactured in bulk, and sold to visitors on the streets of these cities in illicit malls. Then, these visitors fly back to the USA with the pirate disks in their suitcases, taking them into the USA. Other Americans are ordering these pirate DVDs and having them shipped via both airlines and other shippers directly to their homes.
SAPA addresses this problem by giving content owners tools to cut down this pirate flow. A content owner, once they learn of an airline or shipping service which is regularly and repeatedly bringing pirated material into the country, can file claims alleging the presence of this infringement. The bill allows them to shut off the flow of money, traffic and customers to the airlines, by getting US companies to stop directing people to the airlines, and stopping payment services from transferring money to them.
“Last month, we worked with customs and border patrol to inspect planes coming into LAX from overseas,” said Pearl Alley, a spokesperson for the MPAA. “We found that every single plane of an unnamed airline had pirated material in passenger bags or in the hold. Not just a few planes, every single plane. Most planes had multiple pirated products, including DVDs and CDs, and files on laptops and music players.” Customs is able to seize any laptop or music player coming into the country for any reason and copy its drive to see what’s on it, according to CBP officials.
“These airlines and shippers are enabling and facilitating infringement. This has got to be stopped, and SAPA will stop it,” said Alley.
Under SAPA, an airline alleged to have been regularly carrying in pirated material can be blacklisted. Travel agents will be forbidden from booking passengers on the airline. Travel web sites can be ordered not to list flights or even the existence of the airline. Phone book and Yellow page companies can be ordered to remove any listings for the airline, and in some cases, phone switches can be ordered to not complete calls directed at airline phone numbers. Travel review books and sites can be ordered edited to delete mention of the airline or recommendations to fly on it.
To shut off the money flow, an accusation of alleged infringement under SAPA can result in an order to Visa, Mastercard, Paypal and other financial processors to not accept payments for the airline or shipping company. “They may be overseas, but we can stop them from destroying American jobs with tools we have at home,” said Senator Dianne Feinstein (D-CA), co-sponsor of the senate version of the bill.
Airports can also be prohibited from allowing the planes to land. However, planes in the air can file a counter-notice within 5 days of a claim, providing they subject themselves to US jurisdiction and agree to be liable if they are found to have copyright material in their holds. Aircraft which can’t file a counter notice are free to turn around on approach to LAX and return over the Pacific, but may not land at any airport in a country which has signed the Anti-Counterfeiting Trade Agreement with the USA.
“Legitimate Airlines, ones that are not carrying in pirated material every day, will not be harmed by this act, because of the counter-notice provision. In addition, if a rightsholder files a false claim, and there are no copyright violations on board the plane, the airline has a right to sue for damages over misuse of the act — so it’s all safe and does not block legitimate trade,” said Alley.
Several airlines, travel agencies and travel sites have, not surprisingly, filed opposition to this bill, but it is supported by a broad coalition of US job creators in Hollywood and Redmond, as well as domain name site GoDaddy.