In some jurisdictions, criminal "facilitation" laws do not require that the primary crime be actually committed as a prerequisite for criminal liability. These include state statutes making it a crime to "provide" a person with "means or opportunity" to commit a crime, "believing it probable that he is rendering aid to a person who intends to commit a crime." [...]
The U.S. criminal code makes aiding and abetting a federal crime itself a crime [...]
The elements of aiding and abetting are, generally:
(1) guilty knowledge on the part of the accused ( the mens rea);
In the US, downloading music , etc. is not a crime- it is a civil infringement. I think (not absolutely certain) that accessory laws in the US generally only apply to criminal acts, not civil infringements.
In some countries in Europe (at least in Spain) it isn't a crime to download music or movies, much less to provide links. Another question is if it's illegal (crimes are a specific kind of illegal act). In fact, it isn't illegal at all if there is no money involved. Copyright holders are compensated with a "private tax" on recording media, including SSD.
I don't know about Sweden or Denmark, but anyway I suggest not to jump to conclusions unless you know more about the laws in those countries.
Well, if sharing copyrighted content isn't illegal, then obviously nothing I said matters. Go ahead and do it in the light of day and post stories about your exploits to the internet.
I just find the argument "we weren't really doing anything illegal, we were just helping you do something illegal by getting you 90% of the way there; so we should be legal." to be tedious and unconvincing.
Do U.S. lawmakers know that (facilitating crime should be legal)? http://en.wikipedia.org/wiki/Accessory_(legal_term)
In some jurisdictions, criminal "facilitation" laws do not require that the primary crime be actually committed as a prerequisite for criminal liability. These include state statutes making it a crime to "provide" a person with "means or opportunity" to commit a crime, "believing it probable that he is rendering aid to a person who intends to commit a crime." [...]
The U.S. criminal code makes aiding and abetting a federal crime itself a crime [...]
The elements of aiding and abetting are, generally:
(1) guilty knowledge on the part of the accused ( the mens rea);