Quote:
Originally Posted by Elfwreck
[...] Make the penalty for copyright infringement for noncommercial purposes similar to the penalty for theft--maybe a couple hundred dollars, for an album--and we might be able to reach an agreement that copyright infringement is "mostly like theft."
As it stands, in my state:
Penalty for shoplifting a book out of a store: infraction petty theft - fine less than $250.
Penalty for emailing an ebook to a friend: $200 to $150,000
If it's "just like theft," why the discrepancy in penalties?
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Probably because there is a huge difference between what a great many people do (for example share their ebook with "a friend" in such a way that violates the conditions of their purchase), and what some other people do (distribute ebooks to a million friends (see how many "friends" some people have on Facebook)). When I steal a pbook I can either read it myself or give it away to one friend, that sort of limits the damage that can be done. It seems obvious, to me, that the penalties for ebook piracy would have a large variation.
One of the difficulties with the "noncommercial purposes" provision is that on the Internet the damage to the victim may be the same regardless ... but I imagine that intent and benefit-received would also be one of the factors taken into account when penalties are applied.
Are there actual examples of individuals being prosecuted for "emailing an ebook to a friend" ? (If so do you know the situation and penalty applied?)