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« Turnabout is fair play, it just isn't fair use. | Main | COPIES OF MONEY? IMPLICATIONS FOR COPYRIGHT LAW »

October 03, 2004


The bill, it seems, tries to address the issue of "accidental" file sharing by raising the mens rea. It only applies when someone knows that a recording is a commercial work then:

knowingly electronically disseminates all or substantially all of that commercial recording or audiovisual work to more than 10 other people

So folks who unknowlingly have a p2p program installed or are sharing files without their knowledge (or whose networks are hacked, etc.) would not be punishable under the act.

You could probably argue that this will result in more litigation since there will be argument over whether the mens rea is met. More likely, though, most people will just pay the fine rather than pay the legal fees to fight it.

A copy of the senate bill is located here.

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