Quote:
Originally Posted by tompe
Is it really? So if you pay them and they then fool you and do not send it have you done something illegal? I thought it was the actual sending of the material that was the most problematic and possibly also that receiving it is problematic but there I think it can depend on the exact circumstances.
|
Yes, actually, it is illegal to pay someone for what you know to be stolen property regardless of whether or not they actually do give it to you in completion of the transaction.
Both sides of the equation are crimes, just different crimes (at least in the US). However, they would add up as a conspiracy to commit a theft. For example, but well off the topic of books, if I were to pay you to steal a car for me, I would be taking an action in furtherance of a conspiracy to commit theft, even if (and this is the kicker), you never actually went out and stole the damn car. Shocking, I know, but still true.
So ... yep, if X pays Y to send him files that X knows perfectly well are going to be copyright infringing files, whether or not Y actually sends them, X is still guilty of a crime. And, if Y sends the files, then they are both guilty of committing crimes. Of course, I suppose that if X paid Y and Y didn't follow through, X would have Y dead to rights on a breach of contract claim, except for the fact that it would be void as an illegal contract.
Oh .... man, this takes me back.
