Day 132: The Willfulness Threshold
- mainemoviepirate
- 3 days ago
- 2 min read
Actual Entry - 11/01/21 - Mon -
Wide awake @ 4:54am, it's like being back in M'Keag. Of course, I couldn't wait for 10pm last night or barely keep my eyes open.
I have to focus on willfully in the copyright statute and the jury instructions. And prepare the paper or mormorandum, to use another word, misspelled as it is. Cool being the first one in the library.
Wrote a little on BarBell, then went for a triple training plus me with Topper and Webster b4 they exited on Thurs. I am a little worried about my leg, but hopefully, I'll get it in shape before I get a dog.
LUNCH: CK Taco, black beans, wh rice, taco shells, salsa. Put a little ck in reserve.
More dog training. I'm struggling with the commands, I guess I'll get it with practice.
SUPPER: BBQ Pork, sandwich rolls (1 reserve), carrots, coleslaw Baked Beans, Ate most of it.
Chillin' waiting for 4pm shift. Then done for day. What to do, now... probably The MAN...die that's actually much shorter than I thought and it's the only one I finished in the SHU, unless you count the Null segment. Which was equally as wacky. Couple new guys today, one guy Jeff stole 175 million, did 11 ½ years and then popped for parole violation, 2 months. That's not a good sign. I wonder if the BOP is thinking about rejacking this place up. hmmm.....
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You're in my Seat - None.
Four Years Later -
I was focused on the concept of "willfulness" in copyright law, because it is the only thing that separates criminal liability from civil copyright infringement. Like any criminal charge, the threshold for proving intent—or whatever the standard is supposed to be—is supposed to be much higher than in a civil case. But it seemed like in my case and at my trial, it was actually much easier for the prosecution to prove. That, to me, seemed fundamentally wrong.
And when you throw in the Fair Use of Orphan Works—which was unsettled law in the United States before my case—it seems ridiculous that such a complex issue was essentially decided at a district court level. Even in the early days of my case, when I told my lawyer about my theories regarding Fair Use, Orphan Works, and Implied License, he replied, “Well, maybe at a higher court level, but it is going to be tough at the district level.”
So, I knew going in that I would probably lose at trial, and the real fight would begin once we reached the appellate level. It didn’t quite turn out that way, due to people and circumstances that were entirely beyond my control—as you will see in future entries....
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