$10,000 fine for each pirated DVD brought into the U.S.

[snopes]

Comment: I have lived in China for seven years off and on. Any ex-pat who
has spent more than a week here has bought a pirate dvd or two. Many
English teachers who have been here for over a year have hundreds if not
thousands. Rumor has it that U.S. Customs will fine you $10,000 for each
fake dvd you bring into the country. Many people beleive this, but like
many urban legends, it always happened to "someone I heard about" or a
"friend of a friend." The only thi8ng I can find about a prosecution was a
couple of guys who were selling the fakes from China to the U.S. via
Amazon. What is the official word on transporting a fake dvd to America by
either mail or luggage? Your answer will certainly be very useful to the
thousands of expatriots who one day would like to come home with their
movie collections.

[diddy]

I really doubt it - even if there was a fine, it would civil and probably not that high. You could be sued by the MPAA in civil court. Heck, at worse all border patrol probably can do is arrest you for bringing in contraband (though most likely it would just be confiscated). All this is assuming that the customs agents actually recognize it as pirated material. I doubt most of them can tell nowadays being the fakes are almost as good as the originals. Plus they cannot stop legal importing which is most likely what people will claim.

[qualli]

You could always use the money you saved in dvds to buy a nice dvd folder case. I keep all of my dvds in one and they'd probably just flip through it if anything and let it go.

[Wolf333]

Originally Posted by qualli

You could always use the money you saved in dvds to buy a nice dvd folder case. I keep all of my dvds in one and they'd probably just flip through it if anything and let it go.

Or you could just... I don't know... hmmmm... Buy them legally?

[qualli]

Originally Posted by Wolf333

Or you could just... I don't know... hmmmm... Buy them legally?

To clarify. I buy mine legally (the reason there's enough to fit in a dvd case)

But dvd cases don't discriminate, fill them however you'd like.

Originally Posted by diddy

I really doubt it - even if there was a fine, it would civil and probably not that high. You could be sued by the MPAA in civil court. Heck, at worse all border patrol probably can do is arrest you for bringing in contraband (though most likely it would just be confiscated). All this is assuming that the customs agents actually recognize it as pirated material. I doubt most of them can tell nowadays being the fakes are almost as good as the originals. Plus they cannot stop legal importing which is most likely what people will claim.

There is a criminal fine for piracy, and it ranges from $2500 to $10,000 for midemeanors, depending on various circumstances and what you're doing with it. Depending on the retail value and number of copies, it can be elevated toa felony with serious jailtime.

The MPAA and RIAA ignore the criminal laws regarding copyright violation for a lot of reasons:

1. They can sue for whatever number they want in civil court.
2. Evidence that would be illegal in criminal court can be presented in civil court. They attempted criminal charges in the past, but their methods of identifying downloaders make the identity of the defendant inadmissible. If you're caught by police with it in your hands, though, it's a different matter.
3. The standard of proof is more likely than not and not beyond reasonable doubt.
4. You can't bully somebody into a settlement in criminal court.
5. Most importantly, they can't collect as much as it costs to pursue the charges - these lawsuits are a part of their revenue and according to annual reports, one they take very seriously.

[diddy]

Originally Posted by hevach

There is a criminal fine for piracy, and it ranges from $2500 to $10,000 for midemeanors, depending on various circumstances and what you're doing with it.

Yes, that is for actually pirating the material though right?. Does the same apply for buying pirated material and bringing it back from vacation abroad and saying "I didn't know it was pirated (I assume they don't just put them on blank DVD's like you buy in store)!"

I don;t pirate DVD's so I guess I don't know the quality of them.

Originally Posted by diddy

Yes, that is for actually pirating the material though right?. Does the same apply for buying pirated material and bringing it back from vacation abroad and saying "I didn't know it was pirated (I assume they don't just put them on blank DVD's like you buy in store)!"

I don;t pirate DVD's so I guess I don't know the quality of them.

Possession, distribution, buying, selling, downloading. You don't have to pirate it yourself for it to be criminally actionable, even if that carries the highest fines and jailtime. There's a good chance the burden of evidence couldn't usually be met for the highest fines anyway.

The quality of fakes is pretty varied. There's a very few good fakes that you can't tell by visual inspection - they're on actual DVD-ROMs instead of writable disks, with properly printed labels. The bulk of quality counterfeits have properly printed labels, but you can turn them over and look at the color on the back side and tell they're a writable disk. The vast majority of pirated DVDs are obviously pirated - just a standard DVD-R with a felt pen label. I've seen a few LightScribe ones (a brand of DVD-R drive that can also enscribe a label on the top of special disks), which are also clear fakes but look a bit better at least.

Then the video itself. Missing menu systems, loss of quality from compression, screener watermarks, and so forth. It's near impossible to come into possession of a pirated DVD without knowing it either when you inspect the disk or when you actually view it, and if you have a high enough quality fake, chances are customs won't know the difference anyway.

Originally Posted by hevach

Possession, distribution, buying, selling, downloading. You don't have to pirate it yourself for it to be criminally actionable, even if that carries the highest fines and jailtime. There's a good chance the burden of evidence couldn't usually be met for the highest fines anyway.

The quality of fakes is pretty varied. There's a very few good fakes that you can't tell by visual inspection - they're on actual DVD-ROMs instead of writable disks, with properly printed labels. The bulk of quality counterfeits have properly printed labels, but you can turn them over and look at the color on the back side and tell they're a writable disk. The vast majority of pirated DVDs are obviously pirated - just a standard DVD-R with a felt pen label. I've seen a few LightScribe ones (a brand of DVD-R drive that can also enscribe a label on the top of special disks), which are also clear fakes but look a bit better at least.

Then the video itself. Missing menu systems, loss of quality from compression, screener watermarks, and so forth. It's near impossible to come into possession of a pirated DVD without knowing it either when you inspect the disk or when you actually view it, and if you have a high enough quality fake, chances are customs won't know the difference anyway.

My experience with pirated DVDs has been totally different. Most of the ones that I've seen (at least the sort that you would be buying in another country) look as good as real ones, at least as long as you don't play them. My uncle bought me season two of the new Doctor Who while he was in Hong Kong, and from the outside it looked almost completely legit: Full color packaging, a 5-disk set, nice gatefold sleeve, episode listing on back, professionally printed, factory pressed DVDs--it looked like it could be a genuine DVD set. The once you started playing the DVDs, it became obvious that that it wasn't; there were no chapter stops, but was an announcer over the end credits giving the following programs. All of the other pirate Chinese DVDs that I've seen (all anime) had even higher standards of quality, with multiple audio options and removable subtitles. I could easily see how someone could be fooled into thinking that they were legitimate foreign releases.

[AnglRdr]

Originally Posted by hevach

The MPAA and RIAA ignore the criminal laws regarding copyright violation for a lot of reasons:

The biggest reason why they "ignore" criminal laws is because they aren't government entities.

The FBI would prosecute.

1. They can sue for whatever number they want in civil court.

A criminal charge does not prevent a civil one. See also, wrongful death lawsuits.

2. Evidence that would be illegal in criminal court can be presented in civil court. They attempted criminal charges in the past, but their methods of identifying downloaders make the identity of the defendant inadmissible. If you're caught by police with it in your hands, though, it's a different matter.

Illegal? How do you figure?

3. The standard of proof is more likely than not and not beyond reasonable doubt.

Civil cases use a "preponderance of the evidence" as the standard.

4. You can't bully somebody into a settlement in criminal court.

No biases here, amiright?

5. Most importantly, they can't collect as much as it costs to pursue the charges - these lawsuits are a part of their revenue and according to annual reports, one they take very seriously.

See again my initial point.

[Winged Monkey]

Originally Posted by AnglRdr

Civil cases use a "preponderance of the evidence" as the standard.

Just a minor nitpick. 'Preponderance' is pretty much 'more likely than not' despite it's fancy sound. It is less than 'clear and convincing evidence' and generally similar to the 'balance of probabilities' used in English Law.

-Winged Monkey

Originally Posted by AnglRdr

The biggest reason why they "ignore" criminal laws is because they aren't government entities.

The FBI would prosecute.

They don't press criminal charges. Or rather, they haven't in over a decade, since the FBI failed to get thousands upon thousands of search warrants based on the flimsy evidence the RIAA gathers.

Illegal? How do you figure?

As has been covered in the news, the RIAA and MPAA have, among other things, provided misleading websites and services that in criminal court would constitute entrapment, have used private agents to enter households and take information, have attempted to pressure universities, and Sony attempted to distribute rootkits on their legitimate CDs to monitor the comptuer usage of anyone using the CD or a direct copy of it. In most of their old attempts to seek criminal charges, law enforcement was unable to secure warrants based on the total evidence available, let alone prosecute. In civil court, however, nearly anything is admissible.

Civil cases use a "preponderance of the evidence" as the standard.

Covered above, as it would be covered in any dictionary that covers the word preponderance.

No biases here, amiright?

You've clearly not seen the behavior of the RIAA, numerous documents are available on the matter. Several of their mistaken cases ended in hefty settlements against them because of their bullying tactics.

[Troberg]

The quality of fakes is pretty varied. There's a very few good fakes that you can't tell by visual inspection - they're on actual DVD-ROMs instead of writable disks, with properly printed labels. The bulk of quality counterfeits have properly printed labels, but you can turn them over and look at the color on the back side and tell they're a writable disk. The vast majority of pirated DVDs are obviously pirated - just a standard DVD-R with a felt pen label. I've seen a few LightScribe ones (a brand of DVD-R drive that can also enscribe a label on the top of special disks), which are also clear fakes but look a bit better at least.

Then the video itself. Missing menu systems, loss of quality from compression, screener watermarks, and so forth. It's near impossible to come into possession of a pirated DVD without knowing it either when you inspect the disk or when you actually view it, and if you have a high enough quality fake, chances are customs won't know the difference anyway.

I have a boxed LotR set, which is as far as I can tell, identical to the original. I've compared them side by side, and the only way I could distinguish them was by a scratch mark on the box of the original. Holographic stickers, everything was perfect. Even the customer survey form was included in the copy, with the address to the real company. I'm pretty convinced the copy and the original were made at the same factory.

[Il-Mari]

Originally Posted by Troberg

I have a boxed LotR set, which is as far as I can tell, identical to the original. I've compared them side by side, and the only way I could distinguish them was by a scratch mark on the box of the original. Holographic stickers, everything was perfect. Even the customer survey form was included in the copy, with the address to the real company. I'm pretty convinced the copy and the original were made at the same factory.

Yeah, 'third shift' goods are different from your standard pirate copies, since they're essentially just extra copies made by the local contractor and sold off the books. This has mostly been a problem with brand-name clothing made in China, but I can see how it could be used in electronics and media as well.

- Il-Mari

[Insensible Crier]

Do regionless DVDs count as pirated DVDs? I know some consider them to be bad as well as regionless DVD players but I get the occasional foreign film (mostly Hong Kong stuff) in regionless format because it's not available in the US.

Originally Posted by Insensible Crier

Do regionless DVDs count as pirated DVDs? I know some consider them to be bad as well as regionless DVD players but I get the occasional foreign film (mostly Hong Kong stuff) in regionless format because it's not available in the US.

I don't think that region-free DVDs necessarily count as pirated--pretty much all cheap DVDs (like you buy at Wal*Mart, dollar stores, etc) are region zero, since it's easier to master them without region coding. The important part of a pirated DVD is the fact that the content on it is pirated, not the format that it's released in.

[diddy]

Originally Posted by Insensible Crier

Do regionless DVDs count as pirated DVDs? I know some consider them to be bad as well as regionless DVD players but I get the occasional foreign film (mostly Hong Kong stuff) in regionless format because it's not available in the US.

I doubt it. Pirated DVD"s are ones that are created using facilities that do not have studio approval so if you bought a DVD from DVD maker B when they in fact had no authority to make it but got the masters from maker A who did - that would be piracy. You are getting the content from means that did not originate from legitimate sources (whom the studio has approved). Regionless DVD's can be authorized for certain markets and they are perfectly legal - you may have to pay to import them - but that would be the same with anything purchased oversees.

[AnglRdr]

Originally Posted by hevach

They don't press criminal charges. Or rather, they haven't in over a decade, since the FBI failed to get thousands upon thousands of search warrants based on the flimsy evidence the RIAA gathers.

Why would the RIAA be "gathering evidence" for the FBI? That fails the logic test.

As has been covered in the news, the RIAA and MPAA have, among other things, provided misleading websites and services that in criminal court would constitute entrapment,

Cite(s) please.

"Entrapment" is a pretty strong term. A case study, if you will: when I lived in NY a long, long time ago, there was a sting operation being conducted by the NYPD which involved detectives disguised as regular subway riders, wearing expensive jewelry. These detectives would feign sleep in order to lure potential thieves.

This was not entrapment, as it did not entice someone into doing something they normally would not do.

have used private agents to enter households and take information,

Cite, please.

have attempted to pressure universities,

into devising ways of keeping university property from being used in illegal activities, you mean.

and Sony attempted to distribute rootkits on their legitimate CDs to monitor the comptuer usage of anyone using the CD or a direct copy of it.

The operative word is "theirs." GYou has the right to not use Sony's products.

In most of their old attempts to seek criminal charges, law enforcement was unable to secure warrants based on the total evidence available, let alone prosecute. In civil court, however, nearly anything is admissible.

Cite, please.

You've clearly not seen the behavior of the RIAA, numerous documents are available on the matter.

Put some up, then.

Several of their mistaken cases ended in hefty settlements against them because of their bullying tactics.

Those cases should be available online. I'd be most interested in seeing some.

[Troberg]

Why would the RIAA be "gathering evidence" for the FBI? That fails the logic test.

Their Swedish counterpart is gathering "evidence" and even creating their "evidence" from scratch for the Swedish police, so why wouldn't they try?

http://en.wikipedia.org/wiki/Bahnhof

Several of their mistaken cases ended in hefty settlements against them because of their bullying tactics.

Are these settlements in line with the claims for damages they place? I would expect such a settlement with TPB to bankrupt them, as their current claims is $100 million.

[AnglRdr]

Originally Posted by Troberg

Their Swedish counterpart is gathering "evidence" and even creating their "evidence" from scratch for the Swedish police, so why wouldn't they try?

http://en.wikipedia.org/wiki/Bahnhof

That article, unsourced, stated that a Swedish priate-fighting organization might have planted some servers somewhere.