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United States v. LaMacchia
''United States v. LaMacchia'' 871 F.Supp. 535 (D.Mass. 1994) was a case decided by the United States District Court for the District of Massachusetts which ruled that, under the copyright and cybercrime laws effective at the time, committing copyright infringement for non-commercial motives could not be prosecuted under criminal copyright law.
The ruling gave rise to what became known as the LaMacchia Loophole which is that criminal charges of fraud or copyright infringement would be dismissed under current legal standards, so long as there was no profit motive involved.〔(【引用サイトリンク】title=United States of America v. David LaMacchia, Memorandum of Decision and Order on Defendant's Motion to Dismiss )〕 The court's ruling explicitly drew attention to a perceived shortcoming of the law that there was no criminal liability under the Copyright Act for even large-scale non-commercial copyright infringement. The NET Act, passed in 1997, was a direct response to the "LaMacchia Loophole." The law provides for criminal prosecution of individuals who engage in copyright infringement even when there is no commercial benefit from the infringement.
==Facts==
The defendant in the case was David LaMacchia, a 21-year-old student at the Massachusetts Institute of Technology at that time. Under pseudonyms and using an encrypted address, LaMacchia set up an electronic bulletin board which he dubbed Cynosure. He then encouraged people to upload copyrighted software applications and computer games to the board, which he subsequently transferred to another encrypted address called Cynosure II, where the software could be accessed and downloaded freely by anyone with access to the Cynosure password. LaMacchia encouraged his correspondents to exercise caution when accessing the site, but despite his best efforts to avoid detection, the heavy traffic to his site drew the attention of university and government authorities.〔
抄文引用元・出典: フリー百科事典『 ウィキペディア（Wikipedia）』
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