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Yep, that is true, but there is no crime of enabling copyright infringement for profit in either the US or New Zealand, as far as I am aware.
by ktizo 14y ago
Yep, that is true, but there is no crime of enabling copyright infringement for profit in either the US or New Zealand, as far as I am aware.
- chii 14y agoYep. In my mind, its the same argument as the gunsmith. They aren't responsible for the crime/infringements committed by their customers.
- tptacek 14y agoThis is an article of faith among advocacy groups but I'm not sure (I'm not a lawyer) that's actually true. People have been held criminally vicariously liable for other criminal actions despite the lack of clear statutory language to that effect. They've then argued to appeals courts, "but there's no statute that clearly says I can be held criminally liable vicariously", and lost. "Vicarious liability" is not some crazy idea invented by the copyright cartels; it's a basic principle of common law.
- ktizo 14y agoI am just basing this view on the Sony vs Universal and Grokster vs MGM trials, which were both civil. Admittedly there is a legal argument that could be made for criminal vicarious liability, however from my understanding, that is usually only used for situations that could endanger the general public, where the lack of direct criminal action is deemed to be outweighed by the need to protect people, and that does not seem to apply in this instance. However, that said, I am also not a lawyer, so I could well be misunderstanding the issues completely.