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41 of 863 files independent

2003

This Article examines the No Electronic Theft Act (the Act or the NET Act). The Act represents a significant change to copyright law because it subtly shifts the paradigm underlying criminal copyright infringement. For 100 years, criminal infringement punished infringers who derived a commercial benefit based on someone else's copyrighted work. However, through the Act, Congress adopted a paradigm that criminal copyright infringement is like physical-space theft, specifically shoplifting. As a result, the Act significantly extends the boundaries of criminal copyright infringement.