• TWeaK@lemm.ee
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    1 year ago

    Sure, but breaking and entering is a crime - just like theft. Copying someone’s documents is wrong, but it’s not a crime (not unless you commit a crime with those documents, eg fraudulently take out credit). In that case, it’s a civil offense against the victim - just like copyright infringement.

    Crimes are prosecuted by the government. To be convicted of a crime you have to be proven guilty beyond reasonable doubt - in other words, it’s more than 99% likely you did it.

    Civil offenses are prosecuted by the victim. The burden of proof is “the balance of probabilities”, ie it’s more than 50% likely you did it. The victim must also show actual damages.

    In the US, media companies have perverted the law around copyright infringement, and they manage to get awarded statutory damages well in excess of any actual damages they incur. This is why we had all those ridiculous Napster lawsuits where people were fined hundreds of thousands for downloading a handful of songs. In the rest of the world, they could only be awarded actual damages, and the lawsuits weren’t really worth anything.

    Media companies would really like copyright infringement to be theft, and they’ve lobbied hard for that. However they haven’t managed it, not yet anyway. They did manage to establish a crime of commercial copyright infringement, though, where if you pirate a significant amount of material or do it for profit you could be criminally charged.