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Dangerously Low Threshold of Criminality
The US is pushing for a broad definition of a criminal violation of copyright, where even noncommercial activities could get people convicted of a crime. The leak also shows that Canada has opposed this definition. Canada supports language in which criminal remedies would only apply to cases where someone infringed explicitly for commercial purposes. This distinction is crucial. Commercial infringement, where an infringer sells unauthorized copies of content for financial gain, is and should be a crime. But that's not what the US is pushing for—it's trying to get language passed in TPP that would make a criminal out of anyone who simply shares or otherwise makes available copyrighted works on a “commercial scale
Penalties That Must be "Sufficiently High"
The penalties themselves could be enough to intimidate and punish users in a way that is grossly disproportionate to the crime. Based upon the leak, which showed no opposition in key sections, it seems TPP negotiators have already agreed to more vague provisions that would oblige countries to enact prison sentences and monetary fines that are "sufficiently high" to deter people from infringing again. Here is the text:
penalties that include sentences of imprisonment as well as monetary fines sufficiently high to provide a deterrent to future acts of infringement, consistently with the level of penalties applied for crimes of a corresponding gravity;