11-25-2010, 07:44 PM
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Let's do some business.
Industry Role:
Join Date: Jan 2003
Location: The dirty south.
Posts: 18,781
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Quote:
Originally Posted by gideongallery
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.
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Sir, for starters I don't need a lawyer for anything to do with copyright infringement.
That out of the way, I specifically quoted the part that is for noncommercial infringement. I did not want to paste a wall of text here but will do so now.
Quote:
The most recent amendment to criminal copyright infringement was the No Electronic Theft Act of 1997 (NetAct) which made it a felony to reproduce or distribute copies of copyrighted works electronically regardless of whether the defendant had a profit motive. Thus, it changed the 100-year standard regarding profit motive but retained the element of willfulness. The ease of infringement on the Internet was the primary reason for criminalizing noncommercial infringement as well as recognition of other motivations a nonprofit defendant might have such as anti-copyright or anti-corporate sentiment, trying to make a name in the Internet world and wanting to be a cyber renegade. So, the infringement must be either: (1) for purposes of commercial advantage or private financial gain or (2) involve the reproduction or distribution of one or more copies of a work or works within a 180-day period with a total retail value of $1,000. Commercial infringers are subject to higher penalties, however. A commercially motivated infringer can receive up to a five-year federal prison term and $250,000 in fines; a noncommercial willful infringer is subject to up to a one-year prison term and $100,000 in fines. The prison term maximum for repeat infringers is up to 10 years for commercially motivated ones and up to six years for noncommercial infringers.
Copyright infringers may be sued both civilly and prosecuted criminally for the same infringing act. In cases where the alleged infringer has few assets that a copyright owner might recover in a civil suit, the owner may seek to have the government prosecute the infringer as a criminal. In addition to the different remedies and penalties, there are other differences between civil and criminal copyright suits, although the underlying infringing activity may be the same. For example, the civil statute of limitations is three years; it is five years for a criminal prosecution. The burden of proof for copyright infringement in a civil suit is ?preponderance of the evidence? while it is ?beyond a reasonable doubt? for criminal copyright infringement. For civil remedies, it is the copyright owner who brings suits; for criminal penalties it is the federal prosecutor who litigates the case.
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