[quote name='lordwow']My media theory professor would eat you for lunch.[/QUOTE]
Bon appetit.
[quote name='lordwow']You're suggesting that there is a difference between stealing a physical form (a DVD, a game disk, a reel, whatever) and downloading a movie/ROM/mp3 online.
[/quote]
There is a difference.
[quote name='lordwow']Wikipedia's page on Copyright Infringment
In many jurisdictions, such as the United States, copyright infringement is a strict liability tort or crime. This means that the plaintiff or prosecutor must only prove that the act of copying or actus reus was committed by the defendant, and need not prove guilty intent or mens rea. Good faith, standing alone, is no defense.
For electronic and audio-visual media, unauthorized reproduction and distribution is often referred to as piracy or theft.[/quote]
You're not reading carefully enough. What is it in the united states, specifically - a tort or a crime?
And just because it's often referred to as theft doesn't make it theft. Sorry.
[quote name='lordwow']Both physical theft and copyright infringment are considered theft and are crimes in the United States.[/quote]
No, you're wrong.
Let's ask the Copyright Law FAQ ( http://www.faqs.org/faqs/law/copyright/faq/part3/ )
3.3) Is copyright infringement a crime, or a civil matter?
It's always at least a civil matter (a tort). 17 U.S.C. 501(b) details
the mechanisms by which an owner of a copyright may file a civil suit,
and 28 U.S.C. 1338 expressly refers to civil actions arising under the
copyright act.
However, under certain circumstances, it may also be a federal crime. A
copyright infringement is subject to criminal prosecution if infringement
is willful and for purposes of commercial advantage or private financial
gain. 17 U.S.C. 506(a). If the offense consists of the reproduction or
distribution, during any 180-day period, of 10 or more copies having a
retail value of more than $2,500, the offense is a felony; otherwise, the
offense is a misdemeanor. 18 U.S.C. 2319.
As a side note, although 18 U.S.C. 2319 purports to prescribe the
penalties for criminal infringement, all crimes covered by Title 18 have
their penalties determined by the U.S. Sentencing Guidelines,
So there you have it. Is non-commercial infringement a crime in the states? No.
Is it theft? No.
Bon appetit.
[quote name='lordwow']You're suggesting that there is a difference between stealing a physical form (a DVD, a game disk, a reel, whatever) and downloading a movie/ROM/mp3 online.
[/quote]
There is a difference.
[quote name='lordwow']Wikipedia's page on Copyright Infringment
In many jurisdictions, such as the United States, copyright infringement is a strict liability tort or crime. This means that the plaintiff or prosecutor must only prove that the act of copying or actus reus was committed by the defendant, and need not prove guilty intent or mens rea. Good faith, standing alone, is no defense.
For electronic and audio-visual media, unauthorized reproduction and distribution is often referred to as piracy or theft.[/quote]
You're not reading carefully enough. What is it in the united states, specifically - a tort or a crime?
And just because it's often referred to as theft doesn't make it theft. Sorry.
[quote name='lordwow']Both physical theft and copyright infringment are considered theft and are crimes in the United States.[/quote]
No, you're wrong.
Let's ask the Copyright Law FAQ ( http://www.faqs.org/faqs/law/copyright/faq/part3/ )
3.3) Is copyright infringement a crime, or a civil matter?
It's always at least a civil matter (a tort). 17 U.S.C. 501(b) details
the mechanisms by which an owner of a copyright may file a civil suit,
and 28 U.S.C. 1338 expressly refers to civil actions arising under the
copyright act.
However, under certain circumstances, it may also be a federal crime. A
copyright infringement is subject to criminal prosecution if infringement
is willful and for purposes of commercial advantage or private financial
gain. 17 U.S.C. 506(a). If the offense consists of the reproduction or
distribution, during any 180-day period, of 10 or more copies having a
retail value of more than $2,500, the offense is a felony; otherwise, the
offense is a misdemeanor. 18 U.S.C. 2319.
As a side note, although 18 U.S.C. 2319 purports to prescribe the
penalties for criminal infringement, all crimes covered by Title 18 have
their penalties determined by the U.S. Sentencing Guidelines,
So there you have it. Is non-commercial infringement a crime in the states? No.
Is it theft? No.