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1997-12-17 - Re: Clinton signs draconian antipiracy law, from the Netly News

Header Data

From: “Robert A. Costner” <pooh@efga.org>
To: fight-censorship@vorlon.mit.edu
Message Hash: c0c9e8c114ce1fe196f1a94743395faceb337864c0bdc970f138805cd8a2e107
Message ID: <3.0.3.32.19971217151433.03761a10@mail.atl.bellsouth.net>
Reply To: <Pine.SUN.3.96.971217123112.22334P-100000@beast.brainlink.com>
UTC Datetime: 1997-12-17 20:28:23 UTC
Raw Date: Thu, 18 Dec 1997 04:28:23 +0800

Raw message

From: "Robert A. Costner" <pooh@efga.org>
Date: Thu, 18 Dec 1997 04:28:23 +0800
To: fight-censorship@vorlon.mit.edu
Subject: Re: Clinton signs draconian antipiracy law, from the Netly News
In-Reply-To: <Pine.SUN.3.96.971217123112.22334P-100000@beast.brainlink.com>
Message-ID: <3.0.3.32.19971217151433.03761a10@mail.atl.bellsouth.net>
MIME-Version: 1.0
Content-Type: text/plain



At 02:42 PM 12/17/97 -0500, Declan McCullagh wrote:
>since the infringment has to be "willful." That is, you have to
>KNOW that what you're doing is INDEED an infringment in order to be
>convicted.

Section 506(a) of title 17, United States Code, is amended to read as follows:
Any person who infringes a copyright willfully ....

I know this has been discussed before, but I am unclear as to what are the
differences between "willfully" and other concepts, such as "knowingly."  I
wish one of the lawyer types on here could clarify this some more.  If
willful means that you know what you are doing, then it might narrow the
law some.  You would have to know the work was copyrighted, and you would
have to know that the copying is not allowed by law.

I'm confused by the law as it seems to make some actions criminal that I
cannot conceive were meant to be criminal.  Since I know that by surfing
the web and being on mail lists, and using usenet, I will exchange copies
of copyrighted works I am confused by this new law's affirmation that I am
participating in "financial gain" by reading web pages and the like.  Since
I am confused, perhaps my actions are not willful?

Just what is the meaning of "Willful" in this context?


  -- Robert Costner                  Phone: (770) 512-8746
     Electronic Frontiers Georgia    mailto:pooh@efga.org  
     http://www.efga.org/            run PGP 5.0 for my public key

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