There are four essential elements to a charge of criminal copyright infringement. In order to sustain a conviction under section 506(a), the government must demonstrate: (1) that a valid copyright; (2) was infringed by the defendant; (3) willfully; and (4) for purposes of commercial advantage or private financial gain.
The language in (4) is actually the subject of a good deal of discussion, because it changed (to that) relatively recently.
I don't understand the context. Is that published to give a general, and not completely accurate, picture of the law? Or is the DOJ actually saying they won't enforce 17 USC 506 a-1-b?
It's not a reflection of the actual law. Maybe it's a mistake. Even if it's an accurate reflection of DOJ policy, they can rewrite it whenever, and start enforcing the law as written... retroactively, even.
There are four essential elements to a charge of criminal copyright infringement. In order to sustain a conviction under section 506(a), the government must demonstrate: (1) that a valid copyright; (2) was infringed by the defendant; (3) willfully; and (4) for purposes of commercial advantage or private financial gain.
The language in (4) is actually the subject of a good deal of discussion, because it changed (to that) relatively recently.