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Culture War Roundup for the week of May 26, 2025

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Criminal copyright infringement requires that the infringement be done for purposes of financial gain. The classic case of this would be somebody selling bootleg copies of movies or other copyrighted material. As she's giving the material away for free and has long been outspoken about her ideological motivations, it would be very difficult to prove that Sci-hub exists for commercial purposes.

This has not been true since the No Electronic Theft Act of 1997.

The definition now reads:

  • (a) Criminal Infringement.—
    • (1) In general.—Any person who willfully infringes a copyright shall be punished as provided under section 2319 of title 18, if the infringement was committed—
      • (A) for purposes of commercial advantage or private financial gain;
      • (B) by the reproduction or distribution, including by electronic means, during any 180–day period, of 1 or more copies or phonorecords of 1 or more copyrighted works, which have a total retail value of more than $1,000; or
      • (C) by the distribution of a work being prepared for commercial distribution, by making it available on a computer network accessible to members of the public, if such person knew or should have known that the work was intended for commercial distribution.

B and C are obviously true in this case, and it says "or". Criminalizing piracy even when done for no financial gain was a specific aim of that legislation. It's really an open and shut case.

Given the exact setup of Scihub, they might also get her on DMCA stuff, but that's not even really needed because the whole enterprise is openly about violating copyright.