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Originally Posted by ottischwenk
It is very easy to prove to the truth that anyone who removes DRM to read a file on an unauthorized device is suppressing payment for an additional license required.
And embezzlement is a criminal act.
Thus "defamation" is not applicable.
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We seem to have meandered from a civil matter of possible copyright infringement to accusations of a definitely criminal act of embezzlement.
How did we get from copyright infringement to embezzlement (unterschlagung)? Perhaps you could explain just how a person is stealing from their employer or misusing funds that were left in one's trust by format conversion? Enquiring minds are eager to know.
Oh, just by the way, a false accusation of embezzlement qualifies as criminal libel in this neck of the woods. This makes you a criminal and liable for up to a 5 year jail sentence. Of course, you could plead that you didn't know the claim was false which makes you liable for a 2 year jail sentence. Still leaves you as a criminal.
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298 (1) A defamatory libel is matter published, without lawful justification or excuse, that is likely to injure the reputation of any person by exposing him to hatred, contempt or ridicule, or that is designed to insult the person of or concerning whom it is published.
Mode of expression
(2) A defamatory libel may be expressed directly or by insinuation or irony
(a) in words legibly marked on any substance; or
(b) by any object signifying a defamatory libel otherwise than by words.
R.S., c. C-34, s. 262
Publishing
299 A person publishes a libel when he
(a) exhibits it in public;
(b) causes it to be read or seen; or
(c) shows or delivers it, or causes it to be shown or delivered, with intent that it should be read or seen by any person other than the person whom it defames.
R.S., 1985, c. C-46, s. 299 2018, c. 29, s. 31
Punishment of libel known to be false
300 Every person who publishes a defamatory libel that they know is false is guilty of
(a) an indictable offence and liable to imprisonment for a term of not more than five years; or
(b) an offence punishable on summary conviction.
R.S., 1985, c. C-46, s. 3002019, c. 25, s. 118
Punishment for defamatory libel
301 Every person who publishes a defamatory libel is guilty of
(a) an indictable offence and liable to imprisonment for a term of not more than two years; or
(b) an offence punishable on summary conviction.
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