Re: Moving Music

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From: Adam L. Beberg (
Date: Mon Apr 24 2000 - 11:34:39 PDT

On Mon, 24 Apr 2000, Kragen Sitaker wrote:

> Tom Whore writes:
> > As the law stands now if you pass along a Lyle Lovete mp3
> > to a lover you are comitting a crime.
> According to what I remember of the No Electronic Theft act (the only
> law that makes not-for-profit copyright infringement a crime) it's only
> a crime if the value of that mp3 is greater than $10,000 or if you make
> more than ten copies of it.
> Otherwise it's civil copyright infringement, not a crime.
Dec 16, 97:
     Signed by President.
     Became Public Law No: 105-147.

    ``(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,

So it's 1 coppy and $1000, and the penalties escalate fast at 10 copies
and $2500.

Running napster/gnusteal puts you over that 1 copy mark fairly quickly,
and $1k probably isn't too far off either.

The $1,000 limit could also be triggered if an artist set the price of a
song to say $2,500 and allowed a 10 year rental for $1 or uses other
methods to not actually sell the content.

- Adam L. Beberg
  Mithral Communications & Design, Inc.
  The Cosm Project - -

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