"Criminal sanctions for copyright infringement have
always been tied to infringement for the purpose of sale of the
infringing article. This provides an understandable ground rule for
determining what is and what is not criminal (ie "was this copy
made for the purpose of sale?"). These new provisions would convert
any infringing activity into a crime based (apparently) on the
number of times it has occurred. Exactly what will constitute
"commercial scale" is anyone's guess. However, is it unreasonable
to assume that any copies beyond what is absolutely necessary for a
person's own use, with no allowance for ordinary convenience will
be liable to being classified as being of a commercial scale? If
you make a copy for the bedroom and a copy for the car, will you be
skirting "commercial scale"?"
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