Dex-chan lover
- Joined
- Jun 22, 2018
- Messages
- 2,175
Civil offenses in the United States are NOT illegal. They are tort law. Only criminal law is potentially illegal in America because only that can get you a criminal sentence with prison time because they are violations of criminal statues (and in America we have laws that are designated as such in the penal code). Ask any lawyer - criminal and tort law are separate in America (where MD is based). Copyright infringement itself is not a criminal offense because it's tort law. You saying there are "still consequences" for civil law doesn't make it criminal/illegal because it's... civil law. Nothing is in the penal code about that. If it's not penal code, it can't be prosecuted and isn't illegal.Civil offenses are still illegal. I don't know where you got the idea that only criminal offenses are labeled illegal, but that's flatly wrong. Civil offenses can still come with legal consequences, like exposing you to liability. The entire point of tort/civil law is to provide redress for all those things which aren't criminal. There are still consequences for tort/civil infractions.
There are few countries that do not have some sort of legal framework for enforcing cooyright laws of members across international boundries. I don't know the exact number, but I know it is comparatively small (perhaps fewer than 50).
Are you and me going to get in any kind of trouble, civil or otherwise? No. Could MD? They implemented a CYA policy for no reason because they are totally free of all possible liability, obviously.
If you're going to try to be technical, you should bother to be technical.
None of that has anything to do with the point I actually made, which is that we're all taking things without permission in the first place (whether that's criminal or civil or neither doesn't even factor in), so no one has any right to complain about "losing" anything. We never had it in the first place.
You're also likely confusing willful infringement for COMMERCIAL PURPOSES with copyright infringement. The difference there is you making it a criminal enterprise.
You buying and watching a bootleg DVD of a copyrighted film will not land you in prison in America. You didn't commit a crime. You can't be prosecuted under the law (tort or criminal - criminal especially) and be put in prison for it. Paramount Pictures or something technically has the right to sue you over this, but even if they win - you didn't do anything illegal and didn't commit a crime. There's no penal law punishment for this. You don't go to prison, you don't get prosecuted for it. Not illegal.
...If you make 10,000 copies of that DVD and sell it for profit and don't stop doing it, yes, you can be prosecuted under CRIMINAL law in America because you willfully ignored copyright law to make a criminal enterprise of it.
Civil/tort offenses are in no way illegal because, again, you aren't violating anything in the penal code. There are tort claims that can be put on criminal offenses (e.g. suing a drunk driver that killed someone), but that's a separate issue from the criminal law aspect of that. Same goes here with copyright as I just laid out.