Why Is Congress Moving Forward With Its Plan To Encourage Copyright Trolling?

You would be hard pressed to think what the world needs is more copyright lawsuits. As we've discussed for years now, the US is already inundated with copyright lawsuits, many (perhaps most) of them filed by so-called "copyright trolls" who are seeking to shakedown recipients with "settlement" demands. A competent Congress would respond by looking at this abuse of the court system for extortionate purposes and maybe make it less inclined to abuse.

But not this Congress.

Instead, it has decided to bring back a truly awful idea: a special copyright trolling court, which it likes to say is the equivalent of a "small claims court" for copyright. The latest version of the CASE (Copyright Alternative in Small-Claims Act of 2019) in the House and the Senate was introduced recently, and is getting lots of love from all the usual sources.

We should note, that the House bill is sponsored by Rep. Hakeem Jeffries, along with Jerry Nadler. You may recall that those two Congressman were recently seen hosting a giant $5k per ticket fundraiser at the Recording Industry's biggest party of the year, the Grammys. And, right afterwards, they suddenly introduce a bill that will help enable more copyright trolling? Welcome to the world of soft corruption.

As we explained last year when this monstrosity was introduced as well, the bill is written in a manner totally disconnected from reality. Supporters insist it is "too difficult" to sue over copyright, yet provide no evidence that this is true. But, more importantly, the entire framing of the bill is based on the idea that those who sue for copyright infringement only do so when they have valid claims. Indeed, anyone paying even the slightest bit of attention to copyright lawsuits over the last decade would know this is laughable.

The entire bill is disconnected from reality and would only serve to make copyright trolling become an even bigger problem, and would enable an even more significant level of the copyright shakedown game, in which dubious claims of infringement are tossed around in hopes of extracting settlement fees. At a time when we should be looking to stop such extortionate acts, these bills move in the other direction. It's a joke.