Copyright Infringement Criminal Prosecutions
What Is Criminal Copyright Infringement?
When copyright infringement is done willfully and for commercial advantage or private financial gain, it can lead to criminal charges—not just civil lawsuits. This typically involves piracy, counterfeiting, or large-scale distribution of copyrighted materials without authorization.
1. United States v. Jammie Thomas-Rasset (2007)
Background: Thomas-Rasset was accused of illegally sharing 24 songs via peer-to-peer networks.
Charges: Willful copyright infringement.
Legal Issues:
Though originally a civil case, her actions were scrutinized under criminal standards due to the scale and willfulness.
The case brought attention to online file sharing’s impact on copyright enforcement.
Outcome: Multiple trials and damages awarded; influenced criminal copyright discussions, but no direct criminal conviction.
2. United States v. Joel Tenenbaum (2009)
Background: Tenenbaum was accused of illegally downloading and sharing thousands of songs.
Charges: Willful copyright infringement.
Legal Issues: The case focused on the distinction between civil and criminal liability in online piracy.
Outcome: Large statutory damages were awarded; no criminal prosecution but case highlighted potential for criminal charges in piracy.
3. United States v. Robert Wu (2005)
Background: Wu operated a large-scale counterfeit DVD business distributing pirated movies nationwide.
Charges:
Criminal copyright infringement
Trafficking in counterfeit goods
Legal Issues: Focused on physical piracy and commercial distribution.
Outcome: Wu was convicted and sentenced to prison, illustrating criminal liability for commercial piracy.
4. United States v. Dotcom (2012) (Megaupload case)
Background: Kim Dotcom ran Megaupload, a website hosting pirated movies, music, and software.
Charges: Criminal copyright infringement, racketeering, money laundering.
Legal Issues:
Use of the website for large-scale piracy.
International extradition and digital copyright enforcement.
Outcome: Ongoing legal battles; case is landmark for criminal prosecution of digital piracy networks.
5. United States v. Richard E. Reins (2000)
Background: Reins was charged with running a counterfeit software operation distributing pirated computer software.
Charges:
Criminal copyright infringement
Distribution of counterfeit software
Legal Issues: Demonstrated prosecution of software piracy as a serious criminal offense.
Outcome: Convicted and sentenced to prison; case set precedent for criminal enforcement in software piracy.
6. United States v. Robert McCormack (1998)
Background: McCormack was involved in the illegal copying and distribution of copyrighted movies on video cassettes.
Charges:
Criminal copyright infringement
Trafficking in pirated videos
Legal Issues: Physical piracy, predating the digital era.
Outcome: Convicted and served time; helped establish criminal standards for piracy.
Key Legal Takeaways in Criminal Copyright Cases
| Aspect | Explanation |
|---|---|
| Willfulness | Must show intentional infringement for financial gain or commercial advantage |
| Scale of Operation | Large-scale distribution or trafficking often triggers criminal charges |
| Digital vs. Physical | Both digital piracy (downloads, streams) and physical counterfeiting (DVDs, software) prosecuted |
| Statutory Penalties | Prison time, fines, and forfeiture of profits or equipment |
| RICO Application | Some cases involve racketeering charges if part of organized crime |
Summary
Criminal copyright infringement prosecutions focus on willful, commercial-scale piracy. These cases show how the law adapts to digital and physical piracy and emphasizes the severe consequences of infringing copyright criminally.
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