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You are here: Home > Law > Copyrights > No Electronic Theft Act...The NET Act

No Electronic Theft Act...The NET Act

H.R. 2265, known as the No Electronic Theft Act, or NET, was introduced by Rep. Robert Goodlatte, R-Va., and signed into law by President Clinton in December 1997.

The NET was designed to fill certain gaps in the U.S. Copyright Act, as it relates to online copyright infringement and use of copyrighted materials online.

The NET added three important provisions to the Copyright Act:

  • First "financial gain" was redefined to include the receipt of anything of value, including the receipt of other copyrighted works.
  • Prior to the enactment of the NET, a case called U.S. v. LaMacchia set the standards for receipt of value. La Macchia was a computer bulletin board operator who published copyrighted works online. Because there was no proft motive, the court had to dismiss the criminal action for copyright infringement. (The law, prior to the NET amendment required a profit motive before anyone could be criminally prosecuted for copyright infringement, although they could be civilly prosecuted even if no profit motive existed.) The addition of the definition of financial gain to include "anything of value" now allows criminal prosecution of online copyight infringement, even by people sharing copyrighted software or games online. It was designed to address the problems identified by software manufacturers and publishers of copyrighted work which is commonly infringed online, in particular the infringement by teenagers.
  • Second, the NET criminalizes the willful reproduction or distribution (during a 180-day period), through electronic or other means, one or more copies of a copyrighted work with an aggregate retail value of more than $1,000.
  • This means that even if there is no profit motive and no receipt of anything of value, even other software or copyrighted material, someone can be criminally prosecuted if the total retail value of the reproduction or distribution exceeds $1000. (This applies even if someone merely send several copies of pirated software to friends online)
  • Third, the NET extended the statute of limitations on criminal copyright infringement from three to five years and increases the penalties and fines for criminal copyright infringement, generally.

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