by: Tom Corelis
Commercial pirates have something else to fear now
Working off of “minor input” from the MPAA and RIAA, the Los Angeles County government decided to expand the definition of “public nuisance” to include piracy, allowing properties used in the dissemination of pirated goods to be eligible for seizure.
The ordinance specifically targets piracy in its physical forms: goods like bootleg CDs, fake DVDs, or “improperly labeled” audiovisual recordings that are manufactured or possessed for sale are now lumped into the same category as a counterfeit watch.
Ordinance 13.90.010, known as the Counterfeit Goods Nuisance Abatement ordinance, says that pirated goods “substantially interfere with … lawful commerce in the county, property values, and is detrimental to the public health, safety, and welfare of the county's citizens, its businesses, and its visitors.”
Property owners that knowingly allow piracy on the premises can be held liable to pay $1,000 per pirated work produced. The law allows the district attorney or county lawyer to file civil complaints against property owners, and they are permitted to “temporarily restrain, preliminarily enjoin, and/or permanently enjoin the person or persons intentionally conducting, or knowingly maintaining or permitting the public nuisance from further conducting, maintaining, or permitting such public nuisance.”
Further, county authorities may post a notice on the premises that penalizes an additional $1,000 or six months jail time to anyone that tampers with it – or, should they so choose, seize the property and place it up for sale.
The ordinance was adopted earlier this week by the Los Angeles County Board of Supervisors, and reflects similar nuisance abatement laws found in New York City. It does not appear to target those that upload or download pirated goods online, however it’s possible that one might run afoul of the law by burning pirated materials to disc in a manner that appears to be “manufacturing,” such as handing out copies to friends.
As noted in Ars Technica, ordinance 13.90.010 represents one of the content industry’s first successful attempts to shape regulations at the county level, augmenting an already impressive portfolio of laws at the state, national, and in the case of the EU, international levels.
