Is downloading music a crime then?

[Astret]

Cross-Posted froma debate about Limewire:
Actually, although the issue over downloading music is a charged one, it might be worth re-posting a variant of this question in law - as technically you are not "stealing" as the anti-piracy adverts would have you believe, but are instead committing copyright infringement, same as if you photocopied a book, or borrowed someone else's copy of software. This I seem to recall, is not a "crime", but is a type of fraud...anyone have more info on this?

[Gmcd01]

It is true that copyright infringement is actually a civil law offence ("Theft" of intellectual property)...but if you also note that those warnings show that you can also go to prison, up to 10 years (Or is it 5 in the uk?) That means that there IS a criminal offence somewhere as civil cases do NOT ever end in imprisonment. Also, fraud can be criminal...just look at the 'Natwest 3'.

[Buenchico]

Breach of copyright is usually dealt with as a civil offence but it becomes a criminal offence when the copying (or distribution of materials which breach copyright legislation) involves 'sale', 'hire' or is otherwise 'in the course of a business'.

However, the distribution of materials which breach copyright legislation, even when not in the course of business, is still a criminal offence if this is done 'to such an extent as to affect prejudicially the owner of the copyright'.

Section 107 of the Copyright, Designs and Patents Act 1988:
http://www.opsi.gov.uk/acts/acts1988/Ukpga_198 80048_en_7.htm#mdiv107

Chris

[AHApartridge]

so what if it is, if you have anti spyware theyll never find you