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From "Lawrence Rosen" <lro...@rosenlaw.com>
Subject RE: Licensing pertaining to what's in SVN vs. what's in distributions
Date Mon, 20 Apr 2009 04:58:29 GMT
Aristedes Maniatis wrote:
> > Legally, intent is not important. Just ask the defendants/victims of the
> > RIAA's lawsuits in the USA. Their state of mind is not relevant. I'm
> > guessing a large number of people using bitTorrent aren't aware that
> > they are publishing anything.

Niclas Hedhman wrote:
> The Pirate Bay court conviction last week makes it illegal to provide
> a link which may result in users not obeying Copyright and TradeMark
> law. The only difference between The Pirate Bay and Google, according
> to the court, is that there was intent. So, I challenge your assertion
> that intent is not legally important in these matters.


How about you are both right? :-)

Copyright infringement is a strict liability tort. Intent or state of mind
is not relevant.

Contributory infringement or inducing infringement requires proof of
knowledge and intent. State of mind is relevant. Proof of actual copyright
infringement by someone who was "induced" is also required. 

/Larry


Lawrence Rosen
Rosenlaw & Einschlag, a technology law firm (www.rosenlaw.com)
3001 King Ranch Road, Ukiah, CA 95482
707-485-1242 * cell: 707-478-8932 * fax: 707-485-1243
Skype: LawrenceRosen


> -----Original Message-----
> From: hedhman@gmail.com [mailto:hedhman@gmail.com] On Behalf Of Niclas
> Hedhman
> Sent: Sunday, April 19, 2009 8:30 PM
> To: legal-discuss@apache.org
> Subject: Re: Licensing pertaining to what's in SVN vs. what's in
> distributions
> 
> On Mon, Apr 20, 2009 at 11:11 AM, Aristedes Maniatis <ari@ish.com.au>
> wrote:
> 
> > Legally, intent is not important. Just ask the defendants/victims of the
> > RIAA's lawsuits in the USA. Their state of mind is not relevant. I'm
> > guessing a large number of people using bitTorrent aren't aware that
> they
> > are publishing anything.
> 
> The Pirate Bay court conviction last week makes it illegal to provide
> a link which may result in users not obeying Copyright and TradeMark
> law. The only difference between The Pirate Bay and Google, according
> to the court, is that there was intent. So, I challenge your assertion
> that intent is not legally important in these matters.
> 
> 
> Cheers
> --
> Niclas Hedhman, Software Developer
> http://www.qi4j.org - New Energy for Java
> 
> I  live here; http://tinyurl.com/2qq9er
> I  work here; http://tinyurl.com/2ymelc
> I relax here; http://tinyurl.com/2cgsug
> 
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