[d@DCC] Social context of Copyright.

[noximyre at imajine.com]

> Law is a social constraint. Copyright is a fairly esoteric part of law
> that has developed over the years.  One Key aspect that Law always
> considerer is "Intent" - both of the Law itself, as well as the parties
> in a transaction.

IANAL, but I believe intent is only important to criminal law, which alone
has a mens rea requirement: "Actus non facit reum nisi mens sit rea,"
translated "An act does not make a man guilty unless his mind be also
guilty." If intent ever comes up in contract or tort, for example, it's
probably when punitive damages are given, which are inspired from criminal
law.

Now, if someone were to suggest criminalizing copyright infringement, it'd
be good for at least two reasons: (1) a new mens rea requirement and (2) a
greater burden of proof ("no reasonable doubt"). But, it'd be bad for
other reasons, namely incarceration.

James