Legal Question in Intellectual Property in California
Making copyrighted material
So apparently ''making available'' copyrighted work is illegal. Doesn't that mean the entire internet is guilty, especially the ISP? If not, can't I simply make my internet connection an open wireless network and pass the buck the same way? What if I make my internet open to all but make them click an agreement link that they are responsible for their uses of it?
2 Answers from Attorneys
Re: Making copyrighted material
ISPs have laws that protect them from "innocent" copyright and similar violations. You don't. If you were to commit copyright infringement, and then claim some stranger used your open access point, you might (or might not) have a defense, assuming you hired lawyers and expert witnesses to defend you. (The fact that the defendant in the recent RIAA jury trial didn't put on any expert witnesses may well have proved decisive for her.)
Do the math: However you feel about the RIAA and copyright law, it's still cheaper to buy (license) the music and movies you wish to listen to, or view, than it is to pay an award of damages (or at least the substantial cost of hiring me to defend you).
Re: Making copyrighted material
Most criminal violation requires an element of intent to do the thing which is illegal. There are exceptions; some acts or omissions are criminal irrespective of the mental state of the actor, like selling alcohol to minors if you are a licensee. However, in the case of copyright violations, the law looks to motive, state of mind, intention to gain an unfair advantage, etc.
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