3 ms·
I believe you got snookered by the aide. The crime is conditioned on $2500 of income to the infringer, _or_ $2500 loss to the copyright holder, _or_ a $5000 or
by runningdogx 15y ago
I believe you got snookered by the aide. The crime is conditioned on $2500 of income to the infringer, _or_ $2500 loss to the copyright holder, _or_ a $5000 or more licensing fee for said content.
It is not clear, if those damage requirements are met, that there is any requirement -- other than non-zero economic advantage from the infringement, as required by 506 (a)(1)(A) -- that the infringer actually made lots of money as a result of the instance of copyright infringement.
It is also unclear what "total retail value", "total economic value", and "fair market value" (all of which are used in the bill) mean in the context of a form of property that is given artificial monopoly status. If someone uploads an unreleased Justin Bieber video to youtube and it gets 1 hit, then Bieber releases that video in a limited collector's edition at $2600 USD, is that youtube uploader a felon?
The text of the bill is very short: http://thomas.loc.gov/cgi-bin/query/z?c112:S.978 http://thomas.loc.gov/cgi-bin/query/z?c112:S.978: (include the last ':')
And 18 USC 2319 which it affects is also very short: http://www.law.cornell.edu/uscode/18/2319.html http://www.law.cornell.edu/uscode/18/2319.html