For Those Charged With a Crime
Defense for Illegal Downloading Charges
Cyber Crime Services in Texas – Call our office at (346) 249-5544
When it comes to discussing the legal implications of downloading intellectual property, many legal experts refer to the Internet era as the Wild, Wild West. With peer to peer networking and software sharing programs readily available for consumers to share files online, it is not a surprise that law enforcement agencies at every governing level have started to crack down on the illegal downloading of intellectual property. You might remember or have heard of the highly publicized Napster case that unfolded in the United States during 2001.
Eighteen years later, copyright laws have turned much stricter in terms of enforcement and punishment.
If you are facing a criminal charge of illegally downloading intellectual property, you should act immediately by getting in touch with a Texas licensed criminal defense attorney. Mr. Capetillo will perform a comprehensive review of your case to determine if there is enough evidence to fight all charges.
Overview of Digital Piracy Laws
Federal digital piracy laws form the backbone for how the judicial system handles illegal downloading cases. Considered the landmark federal law that covers digital piracy issues, the Digital Millennium Copyright Act (DCMA) of 1998 established copyright protections for anyone that created intellectual property.
The DCMA prohibits the following digital piracy acts:
- Violating copyright protections
- Undermining encryption codes
- Breaking into protected product codes
- Distributing code-cracking software
Texas’ digital piracy law makes a few exemptions, which cover some education groups and nonprofit organizations. Nonetheless, selling copyrighted content is forbidden by both state and federal digital piracy laws.
How Digital Piracy Laws Address Downloading Music and Movies
There is a simple way to describe how state and federal digital piracy laws address downloading music and movies. If you download music or movies without paying for the right to acquire the entertainment content, then you are breaking digital piracy law. According to Texas law, anyone that illegally downloads music and movies is subject to a harsh fine that can be as high as $150,000. This is a stiff punishment and if you face the prospect of a fine, you should work with Adam Capetillo to find out which of the possible defenses represents the most effective defense for your case.
Legal Defenses for Illegal Downloading Charges
Proving the illegal downloading of content can be a difficult task for prosecutors. The first hurdle for a team of prosecuting attorneys is to prove beyond a reasonable doubt you violated one or more digital piracy laws. This typically involves following the trail of your digital footprints, which can lead to a dead-end for investigators. Criminal defense lawyer Adam Capetillo will make sure the State of Texas presents conclusive evidence of your digital footprints in an illegal downloading case.
Here are some other possible defenses for illegal downloading in Texas.
You are Innocent
The team of experienced criminal defense attorneys at Capetillo Law Firm will work hard to present compelling evidence that exonerates you of all charges. Our investigative team will review login files to determine whether you were indeed online at the times of the alleged illegal downloading. We will also interview witnesses that confirm your alibi as to your whereabouts at the time of the alleged incident.
Improper Search and Seizure
Proving someone committed an illegal downloading of online content charge requires a law enforcement agency to seize and search a computing device. Not only does a law enforcement agency want to find pirated content, but it also wants to discover evidence that links you to one or more computer crimes. If a law enforcement agency seized and searched a computing device you own, without first showing you a warrant, the agency has violated the 4th Amendment to the United States Constitution. Adam Capetillo will push for the dismissal of all charges for clients that have their Constitutional rights violated.
Because of the popularity of online content sites, computer crimes concerning the illegal downloading of digitally protected content represents one of the fastest-growing crimes prosecuted at the state and federal level. Facing a charge of illegal downloading means you can expect prosecutors to come after you aggressively. To fight all charges, you need to work with a highly rated criminal defense lawyer to fight you case.