buyer of illegally copied material?

[theleela]

What is the name of your state? Va

So I bought an item on ebay knowing that it was a pdf version of an actual book that's officially published. The seller, before sending me hte download link, said he wanted to make sure I understood that this was a pdf, not a paper copy. All i asked was the file size as I was trying to not clog up my computer.

Few days ago, I got an ebay member message from the book's company that I may be involved in this felony for copyright infringement and that I should call the company asap to clarify my involvement. The message also proceeded to say that if I voluntarily cooperate in the investigation, they "will spare me" from their pursuit of justice.

As the buyer of this material, what risk do I have? Should I call up a lawyer first before calling them? Or does it seem like they're trying to just get me to cooperate to catch the actual seller? Or am I also at serious possibility of getting a criminal record because I bought the material knowing it was a pdf (not necessarily illegal though?)?

Please help : (

 

[quincy]

Unfortunately, copyright infringement happens all the time because many people do not see the creator of a particular piece of art or writing as doing a "job" that they should get compensated for - whereas if you had lawn work done or your car repaired, you would certainly understand the need to pay the workers. The consequences for copyright infringement can be harsh. If the copyright owner can prove that the infringer (and that DOES include you) knew or reasonably should have known that the use was infringing, the court may award up to $150,000 per work.
It would not hurt for you to consult an attorney before cooperating with the publisher of the copyrighted material. Copyright matters are handled in federal courts.

 

[theleela]

Thanks for the reply. I'm new at having to consult lawyers and stuff. Would it be too late if I called the company, "cooperated" and answered some of their questions, but then it seemed like the case took a turn for the worse and possibly fine me a huge sum and leave me with a record... and THEN i call a lawyer? should I have a lawyer from the start?

Edit: the email said "those who have voluntarily cooperated in this matter will be spared in our pursuit of justice." Does that give me a guarantee that if I called them up, IDed myself, and gave them all the info I could about the seller and stuff, (an dcooperated any other way I guess), then they will not sue me?

Does the fact that I knew it was pdf (and not paper copy) automatically mean that I had knowledge that copy was necessarily being distributed illegally?

 

[divgradcurl]

Purchasing an infringing work is not infringing. You are not liable for infringement if you simply purchased an infringing work.

That said, you are probably best served to cooperate -- even without liability, if they were to sue you, you would have to defend yourself, and that would cost money, time and hassle, even if you would eventually win.

EDIT: With respect to the other poster's comments, there is no "use" component to copyright infringement, with the exception of public display or performance. A buyer could be liable for patent infringement, because patent infringement does have a "use" limitation, but copyright has no such limitation.

 

[theleela]

That said, you are probably best served to cooperate -- even without liability, if they were to sue you, you would have to defend yourself, and that would cost money, time and hassle, even if you would eventually win.

EDIT: With respect to the other poster's comments, there is no "use" component to copyright infringement, with the exception of public display or performance. A buyer could be liable for patent infringement, because patent infringement does have a "use" limitation, but copyright has no such limitation.

Thanks! And by cooperating, you don't think I would have to go through a lawyer or anything? Just call the company w/ number given and answer their Qs?

I did not distribute the material to anyone else, print it off, or anything... I've been just reading it off of my computer screen for my own use.

If the company goes for patent infringement, what will happen to me then?

Also, I was feeling just a little iffy because of the fact that I knew it was pdf, not a paper copy... will that affect the outcome if they decide (from my point of view, irrationally) that I bought the copy after the acknowledgement that the copy was illegal (which wasn't necessarily true)?

 

[divgradcurl]

Thanks! And by cooperating, you don't think I would have to go through a lawyer or anything? Just call the company w/ number given and answer their Qs?

There probably isn't any reason to retain a lawyer for this. You have no liability for copyright infringement, much less criminal copyright infringement -- they are just trying to bully you.

I did not distribute the material to anyone else, print it off, or anything... I've been just reading it off of my computer screen for my own use.

Distribution would be copyright infringement -- but you haven't distributed anything, so you have nothing to worry about.

If the company goes for patent infringement, what will happen to me then?

There is no patent involved -- I just brought that up as a comparison.

Also, I was feeling just a little iffy because of the fact that I knew it was pdf, not a paper copy... will that affect the outcome if they decide (from my point of view, irrationally) that I bought the copy after the acknowledgement that the copy was illegal (which wasn't necessarily true)?

There is no issue with "willful" infringement because there is no underlying infringement. It is NOT illegal to purchase something that is infringing, even if you KNOW it is infringing. It is illegal to reproduce, distribute, publically display or perform, or create a derivative work without permission -- but purchase has nothing to do with copyright infringement. See 17 U.S.C. 106.

 

[theleela]

It is NOT illegal to purchase something that is infringing, even if you KNOW it is infringing. It is illegal to reproduce, distribute, publically display or perform, or create a derivative work without permission -- but purchase has nothing to do with copyright infringement. See 17 U.S.C. 106.

I just want to make sure... if this is true, then why is music downloading illegal, and why are some downloaders being fined huge sums (and not just the ones who maintain and create the sites/programs for illegal music sharing)? Is "downloading" a part of "reproducing"? I tried to look through 17 USC 106 but could not find what I wanted about buyer's responsibility of infringed material... I'm completely braindead after the shock of receiving this ebay email

 

[divgradcurl]

I just want to make sure... if this is true, then why is music downloading illegal, and why are some downloaders being fined huge sums (and not just the ones who maintain and create the sites/programs for illegal music sharing)? Is "downloading" a part of "reproducing"? I tried to look through 17 USC 106 but could not find what I wanted about buyer's responsibility of infringed material... I'm completely braindead after the shock of receiving this ebay email

Downloading infringes the copyright owner's right to control the reproduction of copyrighted works. See A&M v. Napster, http://www.ce9.uscourts.gov/web/newopinions.nsf/38baae7d2f5efe8e88256927007a37ba/c4f204f69c2538f6882569f100616b06?OpenDocument:

"Napster users who upload file names to the search index for others to copy violate plaintiffs’ distribution rights. Napster users who download files containing copyrighted music violate plaintiffs’ reproduction rights. "

Downloading has been found to create copy, so the act of initiating a download creates a copy, and the downloader is liable for copyright infringement because they made a copy.

Purchasing a copy of an infringing work does not create a copy. The person who made the copy is liable for infringement for violating the right to control reproduction; someone who sells an infringing work is liable for infringement for violating the right to control distribution. Buying an infringing work in such a manner that the buyer does not make a copy is not infringing.

 

[The Occultist]

OP, was this PDF format book sent to you via a disc sent through the mail or some such? or was the file transferred to you via the web?

Div, if the latter is the case, then would the OP then face some sort of liability since a web transfer makes a copy?

 

[divgradcurl]

OP, was this PDF format book sent to you via a disc sent through the mail or some such? or was the file transferred to you via the web?

Div, if the latter is the case, then would the OP then face some sort of liability since a web transfer makes a copy?

Probably not if it was by email, because the copy was made when the email was sent -- in other words, the sender made the copy. If the copy was downloaded from a link, or an FTP site or something, then it would might fall under the Napster ruling, and potentially open the downloader up to liablity.

 

[The Occultist]

Probably not if it was by email, because the copy was made when the email was sent -- in other words, the sender made the copy. If the copy was downloaded from a link, or an FTP site or something, then it would might fall under the Napster ruling, and potentially open the downloader up to liablity.

Ah, I see!

 

[quincy]

theleela - The copyright holder may get an injunction to prevent you from making additional copies of the infringed work, and the book you purchased can be confiscated and destroyed. divgradcurl is probably right that you don't have to worry about being sued for copyright infringement , but that does not prevent the copyright holder from suing anyone he/she wants for any reason whatsoever. It is best just to cooperate with the publisher. And the section you are looking for is probably Statute 17 U.S.C. Chapter 5 section 501.

 

[theleela]

OP, was this PDF format book sent to you via a disc sent through the mail or some such? or was the file transferred to you via the web?

Div, if the latter is the case, then would the OP then face some sort of liability since a web transfer makes a copy?

I got a download link through email...

 

[theleela]

theleela - The copyright holder may get an injunction to prevent you from making additional copies of the infringed work, and the book you purchased can be confiscated and destroyed. divgradcurl is probably right that you don't have to worry about being sued for copyright infringement , but that does not prevent the copyright holder from suing anyone he/she wants for any reason whatsoever. It is best just to cooperate with the publisher. And the section you are looking for is probably Statute 17 U.S.C. Chapter 5 section 501.

Yes, I'm definitely expecting some sort of injunction, and at this point, actually, I'm even willing to buy the original book from the publishing company for its full price (although overpriced, I must say...) to show that I won't be keeping the copy I bought off of ebay. (the "book" I got was not a physical copy, but a download link and a pdf, so I don't think I can do more than deleting the file completely myself).

I am willing to cooperate with the publisher, but I'm not sure if I should involve a lawyer in this or if this can complicate any further to my disadvantage... when you said "the copyright holder from suing anyone he/she wants for any reason whatsoever" can you give me an example of what they might hold me over for?

I'm definitely calling the office myself on Monday, telling them all about this seller and whatever other information they want from me, but I'm just worried that the story may get twisted and I may get sued for something and end up with a record (the only thing worrying me is that I knew that it was pdf, not necessarily illegal, but knew that it wasn't a paper copy), and regret not thinking about this situation more before I called them up.


I am just very freaked out and I cannot take any chances because firstly, I am a college student looking into a professional graduate school (this was a prep book for a grad admission test actually) and those schools will probably not even let me go past the primary app process with something like a felony under my belt. But more importantly, my family and I are in the process of just receiving permanent residency in the US, and if this goes wrong...

 

[quincy]

They really are, like divgradcurl said, probably just trying to intimidate you into helping them identify the "big guy" who is selling the infringed works in the first place. It costs a lot of money to bring a suit, and it takes a lot of time, and I doubt strongly that they are going to file multiple suits and go after everyone who has purchased a book from this person. You should probably just call a legal aid clinic on Monday and see what they say, and then cooperate with the publisher and answer the questions as best you can.