Law Office of John W. Noonan
925-400-6635 Call For A Free Initial Consultation Se Habla Español Available 24/7

No bright line re Internet, intellectual property and downloading

The term "bright line" is common legal jargon, an expression that is sometimes offered up in the context of a clearly defining and unambiguous rule or standard.

Is there a bright-line test regarding traffic lights, for example?

Of course there is. Red means stop. Green means go. It's as simple as that.

Given the tremendous complexity of law, though, and the element of "maybe" that seemingly permeates so much of legal discussion, a bright line is often hard to arrive at.

Take Internet use, for example, which still seems to be an unsettled frontier and brave new world for users even many years following its creation.

What is permissible? What is unlawful? Sometimes it's simply difficult to know.

A recent article focused on unlawful use of copyrighted material on the Internet serves to remind readers that a slippery slope of sorts can muddy many arguments positing a user's unlawful Internet use through alleged cybercrimes such as hacking or illegal downloading and use of infringed copyrighted material.

As the above article makes quite clear, powerful enforcement agencies are forcefully talking about upping their game in their efforts to combat digital piracy. Reportedly, the joint efforts of the FBI and another group recently shut down one Internet platform alleged to be a "prolific music piracy site." And the U.S. Department of Justice recently cited a "new collaborative strategy" between government enforcement agencies and various partners aimed at identifying and prosecuting parties who engage in wrongful Internet conduct.

Keeping the Internet safe for commerce in California and elsewhere and simultaneously protecting property rights is unquestionably important, but so, too, is remembering that a wide-scale assault against alleged criminal activity can net innocent victims as well as persons having clear criminal intent.

And in either case, it is always worth reiterating the fundamentally important notion in a country operating under the rule of law that persons criminally investigated or charged with crime have the legal right to be presumed innocent unless proven guilty.

That presumption is becoming increasingly important in the realm of computer-related activities.

No Comments

Leave a comment
Comment Information

Recent Case Results

  • Drunk Driving Offenses

    John was able to get client a reduction of charge of a DUI because of being a nurse it could mean her license.

    He secured a Drunk in Public , and she would attend a 3 month program. Additionally, the dmv hearing was also set aside.

    Both being a win for the client.

    Read More
  • Domestic Violence

    A client was arrested for a Felony Domestic Violence, could have devastated her potential for future employment. John was able to get the case dismissed. Client was thrilled.

    Read More
  • Juvenile Charges

    A juvenile was arrested for 2nd Degree Robbery. After 6 months the case was dismissed.

    A juvenile was arrested for Sexual Battery. After 6 months and 80 hours of Community service, the case was dismissed.

    Read More
  • Drunk Driving Offenses

    A client with a 1st DUI arrest. Fearing she would go to jail; lose her license for a year and lose her job. Got a wet reckless and minimal fines.

    Read More
  • Drug Charges

    A client with 4 Felony charges on a Transportation Charge, a Attempt to Sell, Possession of Marijuana, (50 pounds), Conspiracy Charge all where reduced to 1 Misdemeanor. No Jail.

    Client was charged with 6 Felony drug possessions. Facing jail time. The results: Client got a deferred entry of judgment and then dismissed.

    Client charged with several felony counts of possession of Marijuana with intent to sell. Client was involved in a medical marijuana grow. Case was reduced and later dismissed.

    Read More
  • Sex Crimes

    A client with alleged 2 Felony Sex charges and he faced jail and sex registration. The case was entirely dismissed.

    Client charged with prostitution; facing jail time and sex offender registration. Result: NO JAIL TIME AND NO SEX OFFENDER REGISTRATION Deferred Entry of Judgment.

    Read More
  • Domestic Violence

    Client charged with domestic violence, with great bodily injury. Case reduced to a misdemeanor with time served.

    Read More
Email Us For A Response

Learn How We Can Help

Bold labels are required.

Contact Information

The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.


Privacy Policy

Areas We Serve

Dublin Office
6379 Clark Avenue
Suite 250
Dublin, CA 94568

Toll Free: 800-785-9556
Toll Free: 800-743-3896
Phone: 925-400-6635
Fax: 925-463-3661
Dublin Law Office Map

Manteca Office
210 East Center Street
Suite 10
Manteca, CA 95336

Toll Free: 800-785-9556
Toll Free: 800-743-3896
Phone: 209-498-3521
Fax: 925-463-3661
Manteca Law Office Map

Back To Top