Re: Moving Music

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From: Kragen Sitaker (kragen@pobox.com)
Date: Mon Apr 24 2000 - 11:50:44 PDT


Adam Beberg quotes:
> http://thomas.loc.gov/cgi-bin/bdquery/z?d105:h.r.02265:
> 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,

Thanks!

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

Note that this clause requires both one or more copy *and* that the
total retail value be more than $1000.

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

Probably not.

> 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.

I can tell you're a programmer, not a lawyer. :)

-- 
<kragen@pobox.com>       Kragen Sitaker     <http://www.pobox.com/~kragen/>
The Internet stock bubble didn't burst on 1999-11-08.  Hurrah!
<URL:http://www.pobox.com/~kragen/bubble.html>
The power didn't go out on 2000-01-01 either.  :)


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