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Been sweating it too long and need some help! (filesharing question)

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phiber_optik

Junior Member
Hi I'm from South Dakota and about 1 year ago my computer was seized and searched because I made a counterfit $10 bill. Well I was givin a year of probation plus fines and community service since I was 17. Well about a month before I was supposed to get off they came and took my computer again to make sure I didn't have anything else bad on there I guess. I am 18 at this point. Well there is nothing on there related to counterfeiting but I have been using a filesharing program called shareaza and I got about 3 full length movies, a full game, and about a dozen songs on my HD. What is the outcome of this going to be I worry about it every day and can't take it anymore please someone help me out.
 


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seniorjudge

Guest
Q: What is the outcome of this going to be

A: I'd say there is a 50-50 chance you are in brand-new trouble.
 
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seniorjudge

Guest
Q: brand-new trouble as in what?

A: Well there is nothing on there related to counterfeiting but I have been using a filesharing program called shareaza and I got about 3 full length movies, a full game, and about a dozen songs on my HD.
 

phiber_optik

Junior Member
so what type of trouble does that bring? Help me out as to what the punishment would be or what I can do to save myself. Can they use that stuff on me or are they only allowed to look at counterfeiting stuff?
 
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seniorjudge

Guest
Q: so what type of trouble does that bring?

A: I suspect those things may be felonies; or maybe severe civil penalties.


Q: Help me out as to what the punishment would be or what I can do to save myself.

A: I couldn't tell you until you find out what statute you are charged under.


Q: Can they use that stuff on me or are they only allowed to look at counterfeiting stuff?

A: Anything illegal they find, they will use to bust you.
 
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seniorjudge

Guest
phiber_optik said:
come on where are all the smart guys?

Ok thanks have you heard of any similar cases or know where I could go to do a little research?

We don't do homework. Go to a law library and start digging.
 
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seniorjudge

Guest
phiber_optik said:
Ok if you were the judge how would you rule?
Since I am a writer who has had copyrighted material stolen from me, I would sentence you to 50 years service in the French Foreign Legion.
 

divgradcurl

Senior Member
Not to spoil Seniorjudge's fun, but in actuality, you are pretty unlikely to be facing criminal liability for copyright infringement. Here's the statute which covers criminal liability for copyright infringement:

§ 506. Criminal offenses

(a) Criminal Infringement. - Any person who infringes a copyright willfully either -

(1) for purposes of commercial advantage or private financial gain, or

(2) 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.

(b) Forfeiture and Destruction. - When any person is convicted of any violation of subsection (a), the court in its judgment of conviction shall, in addition to the penalty therein prescribed, order the forfeiture and destruction or other disposition of all infringing copies or phonorecords and all implements, devices, or equipment used in the manufacture of such infringing copies or phonorecords.

(c) Fraudulent Copyright Notice. - Any person who, with fraudulent intent, places on any article a notice of copyright or words of the same purport that such person knows to be false, or who, with fraudulent intent, publicly distributes or imports for public distribution any article bearing such notice or words that such person knows to be false, shall be fined not more than $2,500.

(d) Fraudulent Removal of Copyright Notice. - Any person who, with fraudulent intent, removes or alters any notice of copyright appearing on a copy of a copyrighted work shall be fined not more than $2,500.

(e) False Representation. - Any person who knowingly makes a false representation of a material fact in the application for copyright registration provided for by section 409, or in any written statement filed in connection with the application, shall be fined not more than $2,500.

(f) Rights of Attribution and Integrity. - Nothing in this section applies to infringement of the rights conferred by section 106A(a).

Basically, they would have to have proof that you reproduced and/or distributed more than $1000 worth of copyrighted material in the last 6 months to try you for criminal copyright infringement -- simply having pirated materials on your computer would be insufficient evidence of criminal activity under this statute.

Of course, the cops COULD report you the the RIAA, and you could face substantial CIVIL penalties for copyright infringement -- but you are very unlikely to face CRIMINAL liability for copyright infringement, unless there is some evidence or facts left out of the preceeding posts...
 
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seniorjudge

Guest
divgradcurl said:
...Of course, the cops COULD report you the the RIAA, and you could face substantial CIVIL penalties for copyright infringement -- but you are very unlikely to face CRIMINAL liability for copyright infringement, unless there is some evidence or facts left out of the preceeding posts...

Thus my earlier post about severe civil penalties.
 

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