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The fan aspect is, of course, a reason why it isn't a particularly good business model in the world wide connected digital world. Fan excitement tends to drive a lot of sales.
For the most part, copyright violation is a civil rather than a criminal matter. In civil matters in the US, there are two major criteria, first their must be damage, second there has to be a remedy. If either is not possible, then the matter is not actionable. It's kind of hard to argue that you are damaged with lost sells, when you do not sell a product in a particular area.
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