Quote:
Originally Posted by stocktrader23
One more thing on download only lawsuits.
This is in regards to noncommercial copyright infringement.
"There are four essential elements required to prove felony copyright infringement: (1) that a registered copyright exists, (2) that the defendant infringed by reproduction or distribution of the copyrighted work, (3) that the defendant acted willfully and (4) that the works infringed were at least 10 copies of one or more copyrighted works with a total value of $2,500 within a 180-day period. Willfulness continues to be a very illusive concept, but the statute provides no definition. Case law illustrates that certain type of evidence generally is relevant to prove that defendant?s conduct was willful. For example, that the defendant had legal notice that conduct similar to his was infringement or that he had actual notice that his conduct was illegal."
http://www.unc.edu/~unclng/copy-corner66.htm |
your mixing felony copyright infringement which is the criminal statutes and the civil liablities.
you might want to get a better lawyer, none of these lawsuits are criminal procecution, that section was designed for the guys making and selling counterfeit copies of dvd on the street corner.