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Old July 12th, 2002
Gratis Gratis is offline
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Join Date: July 3rd, 2002
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Default Legal question regarding the NET act and software "piracy:"

I've been doing some research into copyright infringement and online "piracy."

From what I understand, the latest legislation regarding (personal) copying of copyrighted material is the "No Electronic Theft" (NET) Act.

In reference to this, the act states that:

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... [by various fines/jail-times].

( http://www.techlawjournal.com/courts.../pl105-147.htm )


This obviously means that if you are not profiting (including "barter" arrangements) by copying/distributing files or copying/distributing more than $1000 of material in a six-month period, you may not be prosecuted!

I am unsure if this $1,000 is the sum of the value of copied/distributed material of a SINGLE copyright, or if it constutes a TOTAL sum of the value of all copyrighted material.

Regardless of this (fairly important distinction), this Act exempts from prosecution many people who download/upload copyrighted material.


A good (and I assume, fairly official) summation of the NET Act is here:
http://www.cybercrime.gov/netsum.htm


My question is, what legal right does any organization have to impose punishment for non-infringement? For example, what legal right does an ISP have to cancel service to a customer who is within the limits of the $1,000 figure?
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