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I read the text of the act [1] and the related sections in the US code [2]. I would argue that, assuming I read Title 18 correctly, this act doesn't apply to 12
by probably_wrong 5y ago
I read the text of the act [1] and the related sections in the US code [2]. I would argue that, assuming I read Title 18 correctly, this act doesn't apply to 12ft: the distribution is neither for "private financial gain" (Section 506.a) nor the distribution of "a work being prepared for commercial distribution" (because it's already released, Section 506.c). That leaves 506.b, but for that you need to show that the article has "a total retail value of more than $1,000" and is less than 180 days old.
[1] https://www.govinfo.gov/app/details/PLAW-105publ147 https://www.govinfo.gov/app/details/PLAW-105publ147
[2] https://www.law.cornell.edu/uscode/text https://www.law.cornell.edu/uscode/text
- ChrisLomont 5y ago12ft.io is most certainly for financial gain. This thread is about them charging. Also the act defines financial gain not about money, but about things 12ft.io engages in :"‘The term ‘financial gain’ includes receipt, or expectation of receipt, of anything of value, including the receipt of other copyrighted works." Goodwill is considered value, even is included in company valuations. If 12ft.io expects or receives goodwill (which it does), it has financial gain. And there's still simple good old infringement, at $150k a pop, which would likely put 12ft.io on the hook for millions to billions of dollars. Each unique article served carries a $150k bill. There's also likely many other statues, such as accessing a computer for committing a crime, which is yet more federal prison time. Whomever runs 12ft.io had better hope they can hide before someone locates and charges them.