Judges rule file-sharing software legal

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Incorrect

---The No Electronic Theft Act of 1997 made it a crime to copy
more than $1000 worth of material in any 180 day period even if
there was no money changing hands. That put a sort of bag limit
on the downloading, i.e. copy up to $999 each half year and not
break the law---

Actually, I don't believe you're right here. The NET laws, like
most of the others, go after uploaders, for distributing copies.
Let's look at the actual text:

http://www.gseis.ucla.edu/iclp/hr2265.html
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 shall be punished as
provided under section 2319 of title 18, United States Code. For
purposes of this subsection, evidence of reproduction or
distribution of a copyrighted work, by itself, shall not be
sufficient to establish willful infringement.'

I'm not sure from the legalese if this would apply to
downloaders. Regardless, it's also a lot harder to prosecute a
downloader, as you're going to have trouble tracking them down
through their IP address, and you'd also have to prove that the
file was illegal for them to own (what if they already own the
album?, what if the copy of the file you find was given to them
by a friend?).

Posted by: tic swayback   Posted on: 08/19/04 You are currently: a Guest | Members login | Terms of Use

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