Yet there is no bookstore exemption in the Copyright Act. And the same can be said for CD pressing plants, record retailers, book and magazine publishers, TV broadcasters, and scores of others. The IAPs are seeking preferential treatment over every other industry group that deals in copyrighted works every day. Not one of these things has happened. Mr. Chairman, I commend you for introducing legislation to begin this important debate.
Injunctive relief is important, but it has little deterrent effect.
Even injuctive relief is withheld in some circumstances, in which case there will be no remedy available at all to the copyright owner. Injunctive relief may be the only way an infringing web site can be shut down in the United States if, for example, the offending site is located in a foreign country with little or no copyright protection. Similarly, the bill makes preliminary injunctive relief unavailable in a number of circumstances, which means that the harm from unimpeded access to the infringing materials on the Internet can continue unabated until the conclusion of litigation. Frankly, we believe that existing law is the preferable approach. But if the Subcommittee concludes that legislation is necessary, we urge you to create a balanced solution that maintains the partnership between copyright owners and Internet access providers in deterring infringements and facilitates legitimate commerce on the Internet.