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Old 01-19-2004, 07:42 PM   #1
scott_R
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Piracy statute of limitations


Hey, speaking of which, what's the statute of limitations on computer software theft. Not that I've EVER done anything wrong, but is it possible to prosecute a windows 98 user for having 98 installed? (And no, for the drooling BSA readers, I don't have any windows computers.) My question is based on the fact that most crimes have about 3 years of leeway, after which you're free. Some are longer, and obviously unforgivable crimes (which it would be hard pressed to place software in this category, but I'm sure some might try) don't have a limitation.

I'm wondering if this wouldn't be a nice subject for PJ at Groklaw to entertain as well.

Last edited by scott_R; 01-19-2004 at 07:44 PM.
 
Old 01-19-2004, 07:46 PM   #2
trickykid
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Might want to look at this page since piracy is basically part of copyright infringement: http://www.copyright.gov/title17/92chap5.html#506

And of course this has nothing to do with the possible suits from the person/company that holds those copyrights, etc.

Last edited by trickykid; 01-19-2004 at 07:48 PM.
 
Old 01-19-2004, 07:49 PM   #3
scott_R
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So, basically 5 years for criminal proceedings, and 3 for civil penalties. Interesting.
 
Old 01-20-2004, 10:15 AM   #4
Kurt M. Weber
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Of course, that would be 5 and 3 since the act of copyright infringement took place, not from the date of copyright.
 
Old 01-24-2004, 02:33 AM   #5
scott_R
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Which is a built-in protection. I.e., if you "want" to infringe, you have to do so in a manner that's going to be acceptable by a court, meaning you're going to have to do it on a somewhat large scale to have "proof". By doing so, you bring yourself to the attention of the copyright holder (assuming they're reasonably diligent, not like SCO claims to be).
 
Old 01-24-2004, 07:44 PM   #6
Crito
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Don't you read the news? This is a serious matter that requires the Attorney General's personal attention:
One Child Dead, 3 Wounded in Daycare Piracy Raid



Don't forget the example already made of music pirates:
RIAA Piracy Dragnet Snares Popular Female Musician, Deceased Man, and Three-Legged Kitten

which is clearly justified by this explanation:
An Open Letter from RIAA President Hillary Rosen to Music Pirates Everywhere

 
Old 01-24-2004, 11:12 PM   #7
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Wink

!!!HaH!!!

The Bloated Softwares Alliance strikes again!

-uniQ
 
Old 01-25-2004, 02:57 PM   #8
Crito
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{/rant on}
In countries like China piracy is a government sponsored industry which costs U.S. companies hundreds of billions in lost revenue. All fake news reports aside, American civilians are being targeted for only one reason: it's easy. There are no political repercusions from charging hundreds of teenagers with piracy. I find it hard to respect a "justice" system that targets the poor and helpless.
{/rant off}
 
Old 01-25-2004, 03:53 PM   #9
Cruxus
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Quote:
Originally posted by Crito
{/rant on}
I find it hard to respect a "justice" system that targets the poor and helpless.
{/rant off}
Such is the justice of "total free-market capitalism."
 
Old 01-25-2004, 09:22 PM   #10
fatman
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Quote:
Such is the justice of "total free-market capitalism."
Actually, total free-market capitalism would be deviod of copyright or any other IP protection. IP gives a creator exclusive rights to publish or use his work/invention (rougly analgous to a monopoly) - an inherently un-capitalistic concept. It actually protects the creator of the work from the rigors of the free market in order to encourage creative artistic and scientific works.
 
Old 01-29-2004, 03:38 PM   #11
Kurt M. Weber
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Actually, nothing could be more capitalist then ensuring that a creator enjoys exclusive rights to what he creates. It's his creation; therefore, he has every right to set whatever terms he wishes for distribution.

Read some von Mises and Rothbard and Rand and Friedman and Smith and Hayek and Locke, buddy.
 
Old 04-27-2005, 12:58 AM   #12
pria
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Quote:
Originally posted by scott_R
Which is a built-in protection. I.e., if you "want" to infringe, you have to do so in a manner that's going to be acceptable by a court, meaning you're going to have to do it on a somewhat large scale to have "proof". By doing so, you bring yourself to the attention of the copyright holder (assuming they're reasonably diligent, not like SCO claims to be).
 
  


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