Abstract

http://ssrn.com/abstract=520122
 
 

Citations (1)



 
 

Footnotes (361)



 


 



A Road to No Warez: The No Electronic Theft Act and Criminal Copyright Infringement


Eric Goldman


Santa Clara University - School of Law


Oregon Law Review, Vol. 82, 2003

Abstract:     
This Article examines the No Electronic Theft Act (the Act or the NET Act). The Act represents a significant change to copyright law because it subtly shifts the paradigm underlying criminal copyright infringement. For 100 years, criminal infringement punished infringers who derived a commercial benefit based on someone else's copyrighted work. However, through the Act, Congress adopted a paradigm that criminal copyright infringement is like physical-space theft, specifically shoplifting. As a result, the Act significantly extends the boundaries of criminal copyright infringement.

Despite the extended criminal boundaries, a review of the post-passage developments suggests that the Act has been unexpectedly ineffective. To fully understand why, this Article focuses on a group of infringers known as warez traders. While Congress did not specifically reference warez trading in the Act, warez traders were its prime target. Yet, Congress did not fully understand this sociological group or their motivations, resulting in a law poorly tailored to conforming their behavior. But in drafting a broad law to cover warez trading, the Act overstates the harm experienced by copyright owners. This expansive standard for harm covers activities necessary to function in a digital society, unnecessarily turning too many average Americans into criminals. Corrective legislation is required to more precisely distinguish between truly culpable behavior and socially beneficial conduct.

Number of Pages in PDF File: 64

Keywords: Warez, warez trading, warez traders, criminal copyright infringement, peer-to-peer file sharing, p2p, abandonware, no electronic theft act, net act

JEL Classification: K14, K42, O34

Accepted Paper Series


Download This Paper

Date posted: March 24, 2004  

Suggested Citation

Goldman, Eric, A Road to No Warez: The No Electronic Theft Act and Criminal Copyright Infringement. Oregon Law Review, Vol. 82, 2003. Available at SSRN: http://ssrn.com/abstract=520122

Contact Information

Eric Goldman (Contact Author)
Santa Clara University - School of Law ( email )
500 El Camino Real
Santa Clara, CA 95053
United States
408-554-4369 (Phone)
HOME PAGE: http://www.ericgoldman.org
Feedback to SSRN


Paper statistics
Abstract Views: 11,360
Downloads: 603
Download Rank: 23,263
Citations:  1
Footnotes:  361
People who downloaded this paper also downloaded:
1. Crime, Copyright, & the Digital Age
By Steven Penney

Paper comments
No comments have been made on this paper

© 2014 Social Science Electronic Publishing, Inc. All Rights Reserved.  FAQ   Terms of Use   Privacy Policy   Copyright   Contact Us
This page was processed by apollo4 in 0.469 seconds