Interesting bit of history I just came across...
"1993: Playboy Enterprises Inc. v. Frena
The Florida Northern District Court held that Frena, an electronic bulletin board operator, had violated Playboy's copyright when one of their photographs was digitized and placed on the bulletin board system by one subscriber and downloaded by another subscriber. According to the decision, "it does not matter that Defendant Frena may have been unaware of the copyright infringement. Intent to infringe is not needed to find copyright infringement. Intent or knowledge is not an element of infringement, and thus even an innocent infringer is liable for infringement; rather innocence is significant to a trial court when it fixes statutory damages, which is a remedy equitable in nature." "
http://arl.cni.org/info/frn/copy/timeline.html
--Ari
UPDATE: Timely, as 18 USC 2257 went into effect a few hours ago.
The Florida Northern District Court held that Frena, an electronic bulletin board operator, had violated Playboy's copyright when one of their photographs was digitized and placed on the bulletin board system by one subscriber and downloaded by another subscriber. According to the decision, "it does not matter that Defendant Frena may have been unaware of the copyright infringement. Intent to infringe is not needed to find copyright infringement. Intent or knowledge is not an element of infringement, and thus even an innocent infringer is liable for infringement; rather innocence is significant to a trial court when it fixes statutory damages, which is a remedy equitable in nature." "
http://arl.cni.org/info/frn/copy/timeline.html
--Ari
UPDATE: Timely, as 18 USC 2257 went into effect a few hours ago.
posted by Ari F. | 12:21 PM
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