Quote:
Originally Posted by molman
Any comment on my question re: the possession of illegally copied files without distrubution being ok (see above). Curious.
|
I can't find anywhere in US law where mere possession of an unauthorized copy of a file is criminalized or in any fashion illegal.
As I've remarked in other discussions, the DMCA structure tracks that of Prohibition pretty closely. It was not illegal merely to possess bootleg liquor during Prohibition - there had to be some additional element involving transportation, selling it, or at a minimum, being involved in a commercial transaction.
Likewise, I can't see that it is illegal merely to possess an unauthorized copy of a file. That doesn't mean you get to keep it if you are found out.
It's no different than your possessing anything else you don't actually own. If the real owner can establish his ownership, you can be compelled to give it back. But that doesn't mean that your possession itself was criminal, unless the law says it is. Which, as I said, it doesn't, on my reading.