Got caught downloading movies illegally - Page 4 - Tilted Forum Project Discussion Community

MSD · 02-08-2008, 06:23 PM

According to Wikipedia (I have not fact checked it, someone may want to) the DMCA assigns these criminal penalties:
* A fine of not more than $500,000 or imprisonment for not more than five years, or both, for the first offense.
* A fine of not more than $1 million and imprisonment for not more than 10 years, or both, for repeated offenses.

For reference, here's a link to the infringement statute, and the criminal infringement section

http://www.copyright.gov/title17/92chap5.html

Quote:

§ 506. Criminal offenses

(a) Criminal Infringement. —

(1) In general. — Any person who willfully infringes a copyright shall be punished as provided under section 2319 of title 18, if the infringement was committed —

(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.

(2) Evidence. — For purposes of this subsection, evidence of reproduction or distribution of a copyrighted work, by itself, shall not be sufficient to establish willful infringement of a copyright.

(3) Definition. — In this subsection, the term “work being prepared for commercial distribution” means —

(A) a computer program, a musical work, a motion picture or other audiovisual work, or a sound recording, if, at the time of unauthorized distribution —

(i) the copyright owner has a reasonable expectation of commercial distribution; and

(ii) the copies or phonorecords of the work have not been commercially distributed; or

(B) a motion picture, if, at the time of unauthorized distribution, the motion picture —

(i) has been made available for viewing in a motion picture exhibition facility; and

(ii) has not been made available in copies for sale to the general public in the United States in a format intended to permit viewing outside a motion picture exhibition facility.

(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).

Reese · 02-09-2008, 12:44 AM

If I leave my keys in my car doesn't it doesn't give anyone the right to take it, much like having an unsecured network doesn't give anyone the right to use it. I'm not responsible if someone steals my car and uses it in another crime, why should I be responsible for someone logging into my network and using it for a crime?

silent_jay · 02-09-2008, 01:12 AM

Quote:

Originally Posted by cybermike

If I leave my keys in my car doesn't it doesn't give anyone the right to take it, much like having an unsecured network doesn't give anyone the right to use it. I'm not responsible if someone steals my car and uses it in another crime, why should I be responsible for someone logging into my network and using it for a crime?

Try getting your insurance to cover it. It may not give anyone the right to use your open network, but your TOS says you should have it protected, ignorance is no excuse once again.

adm_strat · 02-12-2008, 11:08 PM

This is a little off topic, but I always fear about being caught with torrents. Try to use Usenet! Some one might inform me that is a lot less safe, but until then Usenet is my method of choice.

Since the whole torrentspy.com thing happened and the court wanted them to track their users, I found a way that I believe to be more safe when I do download torrents. Plus torrentspy will not allow people from the US to search so it works to get around it too!

Goto http://www.anonymouse.org/

You can browse websites anonymously and they traffic all of the data like a proxy server to your computer. It is slow, but worth the trouble.

Anyone think that this will help, or am I mistaken? Hope that helps someone

02-09-2008, 12:44 AM	#122 (permalink)
Reese Delicious	If I leave my keys in my car doesn't it doesn't give anyone the right to take it, much like having an unsecured network doesn't give anyone the right to use it. I'm not responsible if someone steals my car and uses it in another crime, why should I be responsible for someone logging into my network and using it for a crime? __________________ “It is better to be rich and healthy than poor and sick” - Dave Barry

02-12-2008, 11:08 PM	#124 (permalink)
adm_strat Upright	This is a little off topic, but I always fear about being caught with torrents. Try to use Usenet! Some one might inform me that is a lot less safe, but until then Usenet is my method of choice. Since the whole torrentspy.com thing happened and the court wanted them to track their users, I found a way that I believe to be more safe when I do download torrents. Plus torrentspy will not allow people from the US to search so it works to get around it too! Goto http://www.anonymouse.org/ You can browse websites anonymously and they traffic all of the data like a proxy server to your computer. It is slow, but worth the trouble. Anyone think that this will help, or am I mistaken? Hope that helps someone