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Originally Posted by Andrew H.
Yes. Maximum fine of $10,000. Maximum term of imprisonment 3 years (but you'd probably get probation). Possible felony record, though.
The only actual prosecutions I personally know of involved people selling copied DVDs and counterfeit sportswear on the street.
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Petty theft is a misdemeanor, not a felony. Are you saying that stealing a single CD from a store can have a 3-year prison sentence?
Most criminal copyright infringement cases are based on over 10 copies, and commercial resale.
My state's (CA's) laws say (emphasis added):
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653aa. (a) Any person, except a minor, who is located in
California, who, knowing that a particular recording or audiovisual
work is commercial, knowingly electronically disseminates all or
substantially all of that commercial recording or audiovisual work to
more than 10 other people without disclosing his or her e-mail
address, and the title of the recording or audiovisual work is
punishable by a fine not exceeding five thousand dollars ($5,000),
imprisonment in a county jail for a period not exceeding one year, or
by both that fine and imprisonment.
(b) Any minor who violates subdivision (a) is punishable by a fine
not exceeding five hundred dollars ($500). Any minor who commits a
third or subsequent violation of subdivision (a) is punishable by a
fine not exceeding two thousand dollars ($2,000), imprisonment in a
county jail for a period not to exceed one year, or by both that
imprisonment and fine.
(c) Subdivisions (a) and (b) do not apply:
(1) To a person who electronically disseminates a commercial
recording or audiovisual work to his or her immediate family, or
within his or her personal network, defined as a restricted access
network controlled by and accessible to only that person or people in
his or her immediate household.
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This fits the qualifications of misdemeanor in CA; less than 1 year in prison, less than $10k in fines.
I could cope with the "copyright infringement = theft" argument a lot better if companies weren't seeking a million dollars in "damages" from the equivalent of a few stolen CDs.
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As I pointed out, extensively, I think, and with references, there are many places where an infringement of copyright is theft, plain and simple.
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Can you quote any legal codes that say so? That specifically say, "a person who distributes recordings [etc] is guilty of theft, and punishable by a fine of up to $X?"