Andrew P. Lentvorski, Jr. wrote:
On Feb 1, 2005, at 11:58 AM, Tracy R Reed wrote:
On Tue, Feb 01, 2005 at 04:44:32AM -0800, Andrew P. Lentvorski, Jr.
spake thusly:
Easy solution--toss you in jail.
How could he be tossed into jail for a civil offense like copyright
violation?
Is Failure to Pay also a civil offense? It could also be ruled Contempt
of Court.
(IANAL)
As I understand it, the copyright holder would send a notice to the
responsible list-owner (and probably his/her ISP) demanding that the
infringement be removed. If the infringement is promptly taken down,
that will probably be the end of it. If it isn't or the copyright
holder feels they've been damaged, they could send a demand for payment.
If restitution isn't made, the holder could file a civil suit. If
they win they will get a legal judgment good for 10-years. If the
list-owner still doesn't pay, the holder can demand "discovery", where
the list-owner has to provide documentation on all his/her resources,
bank accounts, real/personal property, etc. The judgment holder can
place liens on real property that would prevent future sale unless
paid, could attach paychecks if the list-owner is employed, could
have the marshals "take" money from cash registers if the list-owner
is a business person, attach bank accounts, etc. Ugly. The judgment
can be renewed at 10-year increments if it goes unsatisfied.
The only jail time might be involved if the list-owner ignores a court
order, such as providing info for the "discovery" process.
You'd be judgment-proof if you were unemployed and didn't own
real estate. I'd guess that personal property wouldn't be subject
to seizure in this case.
Regards,
Lew
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