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Re: Roy Schestowitz - Pirate

On Thu, 08 Jun 2006 15:57:02 GMT, Edwards wrote:

> On 2006-06-07, Erik Funkenbusch <erik@xxxxxxxxxxxxxxxxxxxxxx> wrote:
>> Now, now, Roy.  Don't get mad at me for your own criminal conduct.
> 
> http://www.copyright.gov/title17/92chap5.html#506
> 
> "For purposes of this subsection, evidence of reproduction or
> distribution of a copyrighted work, by itself, shall not be sufficient
> to establish willful infringement."
> 
> I take it you have independent evidence of _both_ the willfulness of
> Roy's alleged infringement, _and_ that Roy obtained commercial
> advantage or private financial gain from the alleged infringement or
> that the cartoon in question has a retail value of more than $1000.

Roy did willfully infringe because he linked to the authors web page which
clearly spells out that he is required to contact the author for permission
to use the works.  He can't claim to have not known, because he he
explicitly links there.

Roy has obtained commercial advantage, because he collects revenue from
advertising on the page.  

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