By the time any possible primary infringement by a former KAT visitor could ever occur the visit to the site is long over. The indictment does not even come close to alleging direct "willful" copyright infringement as KAT contains and transmits no content files. Defendants cannot be held criminally responsible for what users do after they leave the KAT search engine behind. The Copyright Act does not criminalize secondary copyright infringement. The Criminal statute at issue namely Section 506 only imposes liability for direct, willful infringement that causes specific damages.
The government’s copyright conspiracy theory for similar reasons fails as a matter of law.
0 kommentar(er)
