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.
theft rape and murder are criminal matters. copyright is civil, and, yes, the courts can adjudicate every individual case.
It’s…a civil crime. Not sure what your point is.
Just like theft, rape and murder…
except that sometimes those are statutory. fair use claims cannot be statutory.
no such thing as a civil crime. you are thinking of a tort.
Removed by mod
please cite that for me, if you have 3 seconds.
Sure, how many sources would you like?
https://www.justice.gov/archives/jm/criminal-resource-manual-1847-criminal-copyright-infringement-17-usc-506a-and-18-usc-2319
https://scholarship.law.wm.edu/cgi/viewcontent.cgi?article=1320&context=wmborj
https://en.wikipedia.org/wiki/Criminal_copyright_law_in_the_United_States
https://digitalcommons.law.umaryland.edu/cgi/viewcontent.cgi?article=3622&context=mlr
https://www.lib.purdue.edu/uco/CopyrightBasics/penalties.html
https://www.bu.edu/law/journals-archive/scitech/volume112/andrewsnoteweb.pdf
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.
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”.
to opt out, pm me ‘optout’. article | about
so where do these say my use is not fair use?
Moving the goal posts again, I see.
fair use is where we started
surely you see the difference between a crime and a tort, now.