Immigration Board Says You Can Be Deported For Copyright Infringement
from the moral-turpitude dept
While we still wait to see if Kim Dotcom can be taken against his will from another country into the US for "copyright infringement" claims, apparently the DOJ has also decided that it can work the other way. The Justice Department's Board of Immigration Appeals has said that people can be deported for copyright infringement. Apparently the law (the Immigration and Nationality Act) says that non-citizens can be deported if they commit crimes "involving moral turpitude" but had never weighed in on whether or not copyright infringement counted. But now they have:On Friday, leaning heavily on precedent that previously declared criminal trademark infringement a CMT, the board said criminal copyright violations “must also be a crime involving moral turpitude.”To be fair, this was a case of criminal copyright infringement, and not civil copyright infringement -- and the board noted that because criminal copyright infringement requires the showing of "willfulness," it suffices for the "moral turpitude" question. The person in question, Raul Zaragoza-Vaquero, had been arrested for selling 800 copied CDs to an RIAA investigator. He received 33 months in prison and had to pay $36,000... and was then told he had to leave the country.
“Like the use of a spurious trademark ... respondent’s copyright infringement also involves significant societal harm,” BIA member Hugh Mullane wrote in Friday’s ruling. “Congress has made clear that copyright infringement enforcement is an important priority and that the risks and costs associated with intellectual property crime are significant.”
The fact that it's only for criminal copyright infringement is certainly better than it being for any copyright infringement, but we've seen some bizarre attempts to turn what clearly should be civil copyright infringement cases into criminal ones (the Kim Dotcom case being but one example).
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Filed Under: copyright, deportation, doj, infringement, moral turpitude
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So quick poll...
Who'll abuse this first?
- The Cartels
- The Copyright Trolls
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That same threat isn't nearly as impactful when you're trying to shut down a competitor, as odds are they can afford to fight back.
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I once upon a time helped someone who was in the immigration process who ran afoul of a copyright troll. I referred them to a Doe Defender I knew because they just wanted to settle, because they were terrified anything making it to court derailing the immigration process. I knew the Doe Defender would do what the Doe wanted, would understand the reason, & make sure any agreement would protect the Doe. Had the troll figured out the reason, they would have doubled or tripled the demand.
It makes me sad that this person was forced to settle a claim not because they were guilty, but because there was a pressure point giving all of the power to a troll who can say anything they want on the record & be unchallenged.
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Seems that 'moral crimes' only involve damage to capital investments, human lives need not apply.
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Yeah, those damned immigrunts - our Grade A USA citizens would never do anything like what those dirty illegals do.
"Seems that 'moral crimes' only involve damage to capital investments"
Many self righteous folk may disagree with you on that.
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Unintended Consequences
No, it is much safer just to lock these scumballs in for-profit prison for the rest of their lives.
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Moral Turpitude
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Wasn't there that one article a little while ago...
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Re: Wasn't there that one article a little while ago...
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Re: The RIA is NOT law enforcement
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Seriously?
Any criminal breach of the law should get an immigrant de-fucking-ported. Welcome to America! Just don't fucking commit a crime... how is this too fucking much to ask?
I would be inclined to call bullshit had this been more ambiguous. That said, I do disagree with the fucking jail time, fuck that shit, just send them home. Why should my tax dollars go towards incarceration instead of just removing them from the country with prejudice?
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I'm gom
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I'm gomnna violate the law
Fiji, here I come!
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The funny thing is
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People get less than that for acts that result in deaths.
Ok ok, maybe he's been caught before, like 5 or 6 times with just wrist slaps. In that case maybe.
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DUI
Sale of alcohol to minors
Cruelty to animals
Battery
Failure to report child abuse
Exploitation of Minor under 18 (with sexual or obscene motion pictures or presentations)
Shoplifting up to $300
Obstructing of justice
Highway Shootings at Lights, Signs Etc
So selling bootleg CDs is considered worse than all of those.
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