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Posted by M. Arthur Auslander on February 02, 2001 at 03:58:15:
In Reply to: Illegal? posted by Bev on February 01, 2001 at 15:57:46:
: I have searched for years for a movie only to find that it has never been released on home video, and not likely to be. I have since been offered online a copy from TV which i would love to have. Is this illegal?
On the basis of what you say there is not enough information to make it clear whether or not it is a copyright infringement. It does not seem to be criminal. I don't want to counsel anything illegal.
Remember if it is an infrinement there is a civil liability that has to be enforced in order to recover. If it is criminal, the crime has to find a proscecutor to take the case. There is the doctrine of nul(l?) prosecui (sp) where a prosecutor does not have to act even if a crime has been committed.
I'm not going to research either the civil nor criminal aspects of this matter, particularly where the facts are vague, even though there is room to question.
M. Arthur Auslander
The Intellectual Property Law Server
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