A Lawyer’s Perspective on Why Copyright Infringement is So Hard to Fight

Terence Ward over at The Wild Hunt wrote a great piece, “You call it sharing but pagan authors call it stealing,” on copyright infringement in the pagan community and more specifically, pagans thinking it’s okay to upload the entire books of pagan authors and sharing it on Facebook.

A Facebook group called The Wiccan Circle has uploaded the digital files to hundreds maybe thousands of books by pagan authors and are disseminating those copyrighted books for free download. I wanted to get to the bottom of it on my own, so I put in a request to join the group. Unfortunately, I still haven’t been let in, hehe, so truth be told, at this point I don’t actually have any personal knowledge of the allegations. I’m relying entirely on Ward’s reporting of the facts.

For this particular post, I want to address why copyright infringement claims under the DMCA (Digital Millennium Copyright Act) are so difficult to follow through with, from a lawyer’s perspective. I’m a corporate transactions attorney who works in-house at a venture capital firm in the Silicon Valley, so I know my way around intellectual property law. I’ve tried major copyright infringement, trademark, and patent suits in both state and federal court, some of those cases making headlines in the news. I’ve worked in entertainment law and represented independent artists and writers against major production companies in Hollywood, major cosmetics companies, and more. That’s the background context I’m coming from in writing this post.

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