"You never know how the legislation will be interpreted. Depending on the legal climate, it could be interpreted quite a bit."

Wisconsin lawprof Shubha Ghosh commenting on the proposed Commercial Felony Streaming Act. By contrast:

[U]nder the proposed legislation, it's extremely unlikely artists like [Justin] Bieber would be prosecuted, said Mitch Glazier, senior executive vice president of the Recording Industry Association of America.

"If you're a person who is recording a home video [covering a copyrighted song] and posting it, you're not willfully infringing," Glazier told TPM. "You don't have criminal intent. The Justice Department is never going to go after you. And YouTube is licensed."

So what would constitute willful infringement or criminal intent? For instance: if a user asked for money, or if a music publisher sent a notice asking a person to refrain from using the licensed material, but that person continued anyway. Glazier said the legislation is not "revolutionary, (but it) provides one more tool to be able to block some significant resources to pirates."

The Justice Department is never going to go after you. How do you feel about assurances like that?

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Source - Althouse

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