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With all the recent state-legislation (e.g. tax implication on associates and requirements on payment providers) California is trying it's best to make it harder and harder for tech companies to setup and thrive here. So what would she have said to YouTube in the beginning?
Dear XXX:
I received your letter expressing your opposition to the "Preventing Real Online Threats to Economic Creativity and Theft of Intellectual Property Act," commonly known as the "PROTECT IP Act." I appreciate knowing your views on this matter.
America's copyright industry is an important economic engine, and I believe copyright owners should be able to prevent their works from being illegally duplicated and stolen. The protection of intellectual property is particularly important to California's thriving film, music, and high-technology industries.
The "PROTECT IP Act" (S. 968) would give both copyright and trademark owners and the U.S. Department of Justice the authority to take action against websites that are "dedicated to infringing activities." These are websites that have "no significant use other than engaging in, enabling, or facilitating" copyright infringement, the sale of goods with a counterfeit trademark, or the evasion of technological measures designed to protect against copying. The bill would not violate Internet users' First Amendment right to free speech because copyright piracy is not speech. On May 26, 2011, this legislation was reported favorably out of the Senate Judiciary Committee for consideration by the full Senate.
I understand that you oppose the "PROTECT IP Act." While I supported reporting the bill to the full Senate, please know that, prior to the close of the 111th Congress, I worked with California high-technology businesses and Senate Judiciary Committee Chairman Patrick Leahy (D-VT) to improve upon language from previous versions of the bill and to address the concerns of legitimate high-tech businesses, public interest groups, and others. However, I recognize that the bill needs further work to prevent it from imposing undue burdens on legitimate businesses and activities, and I will be working to make the improvements, either by working in cooperation with Chairman Leahy or by offering amendments on the floor of the Senate. Please know I will keep your concerns and thoughts in mind should the full Senate consider the "PROTECT IP Act."
Once again, thank you for sharing your views. I hope you will continue to keep me informed on issues of importance to you. If you have any additional questions or concerns, please do not hesitate to contact my Washington, D.C. office at (202) 224-3841.
Sincerely yours,
Dianne Feinstein
United States Senator