Please register to participate in our discussions with 2 million other members - it's free and quick! Some forums can only be seen by registered members. After you create your account, you'll be able to customize options and access all our 15,000 new posts/day with fewer ads.
I just said that it wasn't a crime. It's not a crime to make copies of movies or music and hand them out to your friends.
Quote:
Originally Posted by swagger
Yes, it is.
We disagree on a lot of stuff, but I never figured you for someone who would emphatically state (and repeat) information that was obviously false. If you're sure you're right, cite the law or case which proves it. No fair use exemption covers distribution of a complete copyrighted work in any form.
Actually, you would have to state the law that proves that it is a crime.
Currently, violation of copyright falls under civil law, making it a civil violation rather than under criminal law making it a crime.
One has to share to the masses (which in the case of a song would be to 1000 friends within a 180 day period) in order to commit a crime. How many people are sharing with 1000 friends?
wrong its illegal to distribute copies of software, music, movies, or books for free (that you don't own or create yourself), no matter the amount. the PROSECUTABLE amount (or the amount WORTH pursuing a charge and a trial) is different
Do NOT confuse the two.
IF you do not outright own the copyright or are not the CREATOR of the content, then you are in violation of the copyright of the owner of the item when you distribute/make copies illegally (no matter the amount)
I never said it wasn't illegal (in fact I've said it WAS illegal several times in this thread). But it's a civil violation. It is not a criminal violation until you hit what is called mass distribution. I'm surprised how many people are unfamiliar with our laws.
Actually, you would have to state the law that proves that it is a crime.
Currently, violation of copyright falls under civil law, making it a civil violation rather than under criminal law making it a crime.
Copyright violation doesn't come under CIVIL Law. Its a FEDERAL law as well as INTERNATIONAL Law ( as deemed by the Berne Convention) and its even in our US Constitution.
Quote:
One has to share to the masses (which in the case of a song would be to 1000 friends within a 180 day period) in order to commit a crime. How many people are sharing with 1000 friends?
again wrong. Its illegal and a crime to make a copy and distribute. What is PROSECUTABLE (worth the time and effort to charge and try a guilty party) is another story.
A person who is jaywalking, knows he is breaking the law by doing so. Just because a cop isn't there to catch and arrest him, doesn't make his act not a crime.
I never said it wasn't illegal (in fact I've said it WAS illegal several times in this thread). But it's a civil violation.
It's not a civil violation. Its a FEDERAL crime as well as an International one.
It's a crime to rob a bank. Just because the bank robber isn't caught and prosecuted, doesn't mean that the bank robber didn't commit a crime.
Quote:
It is not a criminal violation until you hit what is called mass distribution. I'm surprised how many people are unfamiliar with our laws.
oy vey. Its so hard to believe that you don't know the difference between committing a crime, and being prosecuted for it. you are committing a crime by committing copyright infringement. What you can be prosecuted for is a different story.
Murder is still a crime, whether or not the person who committed murder is caught and found guilty.
Copyright violation doesn't come under CIVIL Law. Its a FEDERAL law as well as INTERNATIONAL Law ( as deemed by the Berne Convention) and its even in our US Constitution.
1. It's interesting that you refer to the Constitution since I've already brought it up in this thread myself.
2. The above tells me that you don't even know what the Constitution is. The Constitution is in place to empower and limit the government. In this case, it empowers the government to implement a system to protect copyrights. It doesn't contain the actual copyright law itself (which we discuss below).
Quote:
Originally Posted by Arus
again wrong. Its illegal and a crime to make a copy and distribute. What is PROSECUTABLE (worth the time and effort to charge and try a guilty party) is another story.
It is quite amusing that you are disputing written law. It is clear that you are either a foreigner who is not familiar with US law or an ignorant resident. Take a look at the law itself: [/quote] U.S. Copyright Office - Copyright Law: Chapter 5
[quote=Arus;31311770]
Notice how everything except § 506 is civil? And § 506 has three specific scenarios that make it criminal:
(A) for purposes of commercial advantage or private financial gain;
(B) by the reproduction or distribution, including by electronic means, during any 180-day period, of 1 or more copies or phonorecords of 1 or more copyrighted works, which have a total retail value of more than $1,000; or
(C) by the distribution of a work being prepared for commercial distribution, by making it available on a computer network accessible to members of the public, if such person knew or should have known that the work was intended for commercial distribution.
As the law states, copyright violation is entirely civil with the exception of the scenarios above. Sharing a few songs with friends is not a criminal matter.
Quote:
Originally Posted by Arus
A person who is jaywalking, knows he is breaking the law by doing so. Just because a cop isn't there to catch and arrest him, doesn't make his act not a crime.
I don't see how this is relevant. I never said anything about being caught or not. It's illegal either way. In the case of Jaywalking, it's a crime.
It's not a civil violation. Its a FEDERAL crime as well as an International one.
Really? It's interesting how the written law disagrees with you and considers it a civil violation with the exception of a few scenarios (mostly commercial) outlined in my previous post.
It's a crime to rob a bank. Just because the bank robber isn't caught and prosecuted, doesn't mean that the bank robber didn't commit a crime.
True. That applies to copyright violations as well... except that copyright violations are not criminal.
Quote:
Originally Posted by Arus
oy vey. Its so hard to believe that you don't know the difference between committing a crime, and being prosecuted for it. you are committing a crime by committing copyright infringement. What you can be prosecuted for is a different story.
I do know the difference. Copyright infringement is not a criminal activity as the law above points out.
Quote:
Originally Posted by Arus
Murder is still a crime, whether or not the person who committed murder is caught and found guilty.
Yes, just like copyright infringement is a civil violation whether or not the person infringing is caught and found guilty.
I'll give you the benefit of the doubt and assume that you're new to the US.
Why so condescending? WTF is up with that? I would call you a jerk, but it's against the ToS.
Quote:
Originally Posted by NJBest
Under current law, it is not a crime to distribute software or music to your friends (for free) unless you are distributing at a rate of $1000 worth of a single item within a 180-day period.
Why so condescending? WTF is up with that? I would call you a jerk, but it's against the ToS.?
Well, what is your excuse for not knowing the law? I'm sorry for giving you the benefit of the doubt. It wasn't intended to be a condescending comment. I don't mind educating foreigners. But I do have a problem with US residents that don't know their own laws.
Quote:
Originally Posted by swagger
What law is that?
US Copyright law. I linked to it in a previous post.
1. It's interesting that you refer to the Constitution since I've already brought it up in this thread myself.
2. The above tells me that you don't even know what the Constitution is. The Constitution is in place to empower and limit the government. In this case, it empowers the government to implement a system to protect copyrights. It doesn't contain the actual copyright law itself (which we discuss below).
It is quite amusing that you are disputing written law. It is clear that you are either a foreigner who is not familiar with US law or an ignorant resident. Take a look at the law itself:
Notice how everything except § 506 is civil? And § 506 has three specific scenarios that make it criminal:
(A) for purposes of commercial advantage or private financial gain;
(B) by the reproduction or distribution, including by electronic means, during any 180-day period, of 1 or more copies or phonorecords of 1 or more copyrighted works, which have a total retail value of more than $1,000; or
(C) by the distribution of a work being prepared for commercial distribution, by making it available on a computer network accessible to members of the public, if such person knew or should have known that the work was intended for commercial distribution.
As the law states, copyright violation is entirely civil with the exception of the scenarios above. Sharing a few songs with friends is not a criminal matter.
I don't see how this is relevant. I never said anything about being caught or not. It's illegal either way. In the case of Jaywalking, it's a crime.
Ok, civil vs. criminal. You could have just said so, instead of being a condescending ass about it. I even opened it up nicely for you to prove that you were right, which had you done initially, I would have conceded without a problem. But you had to make snide comments about "being new to the US". *********, man. You don't deserve concession OR respect.
Please register to post and access all features of our very popular forum. It is free and quick. Over $68,000 in prizes has already been given out to active posters on our forum. Additional giveaways are planned.
Detailed information about all U.S. cities, counties, and zip codes on our site: City-data.com.
Please register to participate in our discussions with 2 million other members - it's free and quick! Some forums can only be seen by registered members. After you create your account, you'll be able to customize options and access all our 15,000 new posts/day with fewer ads.
