4 ms·

I don't believe there does have to be advantage/gain, if the retail value of the work exceeds $1_000. [1] He seems to be taking a very reasonable tact by going

• tptacek 12y ago
  From the DOJ Criminal Resource Manual: There are four essential elements to a charge of criminal copyright infringement. In order to sustain a conviction under section 506(a), the government must demonstrate: (1) that a valid copyright; (2) was infringed by the defendant; (3) willfully; and (4) for purposes of commercial advantage or private financial gain. The language in (4) is actually the subject of a good deal of discussion, because it changed (to that) relatively recently.
  • harshreality 12y ago
    I don't understand the context. Is that published to give a general, and not completely accurate, picture of the law? Or is the DOJ actually saying they won't enforce 17 USC 506 a-1-b? It's not a reflection of the actual law. Maybe it's a mistake. Even if it's an accurate reflection of DOJ policy, they can rewrite it whenever, and start enforcing the law as written... retroactively, even.