Re:Create Recap July 25, 2019

ReCreate Opposes CASE Act. Following the Senate Judiciary Committee’s markup of the CASE Act, the Re:Create Coalition issued a statement opposing the proposed creation of a small claims court: “It is not small claims when it could bankrupt over half of American families for sharing a photograph online if they were subject to the CASE Act. It is not constitutional when the tribunal could get the law wrong and a defendant will have no recourse to appeal to the courts.” The Re:Create Coalition and other organizations previously wrote a letter to the Senate Judiciary Committee outlining concerns with the bill, emphasizing constitutional issues and the unintended consequences for innocent consumers.

CDT: “The Road to Copyright Trolling Is Paved With Good Intentions.” CDT’s Stan Adams penned a blog post explaining the CASE Act’s good intentions that have ultimately resulted in “a legal disaster waiting to happen.” He outlined the bill’s problems for due process, separation of powers, outrageous statutory damages, copyright registration and the average consumers who will become defendants.

CASE Act Moves Forward Without Hearing But With Plenty Of Flaws. Last week the Senate Judiciary Committee voted to approve the CASE Act without ever convening a hearing. EFF highlighted the “huge flaws” that would have been raised at that hearing, centering on how the bill will support copyright trolls in taking advantage of consumers. As a potential solution, EFF’s Katharine Trendacosta suggested, “If the CASE Act was not opt-out, but instead required respondents to give affirmative consent, or ‘opt-in,’ at least the Copyright Office would have greater incentive to design proceedings that safeguard the respondents’ interests and have clear standards that everyone can understand.”