Santa Clara Law Santa Clara Law Digital Commons Faculty Publications Faculty Scholarship 1-18-2004 Warez Trading and Criminal Copyright Infringement Eric Goldman Santa Clara University School of Law,
[email protected] Follow this and additional works at: http://digitalcommons.law.scu.edu/facpubs Automated Citation Eric Goldman, Warez Trading and Criminal Copyright Infringement (2004), Available at: http://digitalcommons.law.scu.edu/facpubs/185 This Article is brought to you for free and open access by the Faculty Scholarship at Santa Clara Law Digital Commons. It has been accepted for inclusion in Faculty Publications by an authorized administrator of Santa Clara Law Digital Commons. For more information, please contact
[email protected]. Goldman, Warez Trading Warez Trading and Criminal Copyright Infringement By Eric Goldman* ABSTRACT Warez traders have been blamed as a significant cause of copyright piracy, which has led to several dozen conviction of warez traders in the past two years. The article analyzes how criminal copyright infringement and other laws apply to warez trading. The article also describes the prosecutions of warez trading, including a comprehensive chart of all warez trading convictions. The article concludes with a brief policy discussion about the problems created by Congress’ effort to criminalize warez trading. TABLE OF CONTENTS 1. Introduction page 2 2. What is Warez Trading? 3 3. The Criminal Copyright Infringement Statute 5 4. Elements of a Prosecution and Applicable Defenses 6 a. Element #1: Valid Copyright 6 b. Element #2: Infringement 6 c. Element #3: Willfulness 12 d. Element #4(a): Commercial Advantage or Private Financial Gain 14 e.