I fucked with the title a bit. What i linked to was actually a mastodon post linking to an actual thing. but in my defense, i found it because cory doctorow boosted it, so, in a way, i am providing the original source here.

please argue. please do not remove.

  • commie@lemmy.dbzer0.comOPEnglish
    56·
    2 年前

    Just because a court hasn’t yet deemed that specific action illegal doesn’t mean it’s not illegal when you do it. Doesn’t matter if the crime is theft, rape, murder, etc.

    theft rape and murder are criminal matters. copyright is civil, and, yes, the courts can adjudicate every individual case.

      • commie@lemmy.dbzer0.comOPEnglish
        32·
        2 年前

        Just like theft, rape and murder…

        except that sometimes those are statutory. fair use claims cannot be statutory.

              • commie@lemmy.dbzer0.comOPEnglish
                5·
                2 年前

                I have to admit, I did not realize that bare copyright infringement could be criminal, but it also requires criminal intent, so any defense lawyer would argue there was a fair use intent, and even if the civil matter were decided against the defendant, surely the criminal matter would be dropped.

              • wikibot@lemmy.worldBEnglish
                31·
                2 年前

                Here’s the summary for the wikipedia article you mentioned in your comment:

                Criminal copyright laws prohibit the unacknowledged use of another’s intellectual property for the purpose of financial gain. Violation of these laws can lead to fines and jail time. Criminal copyright laws have been a part of U. S. laws since 1897, which added a misdemeanor penalty for unlawful performances if “willful and for profit”.

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