What does the N-400 define as a crime?

[NewWorld 0]

I am just paranoid! I have never done anyhing bad or anything, but I did download music when I was here studying in college. Do you think downloads from napster, limewire, etc years ago is a crime as defined by the N-400?

Paranoid!!

[NickD 203]

I am just paranoid! I have never done anyhing bad or anything, but I did download music when I was here studying in college. Do you think downloads from napster, limewire, etc years ago is a crime as defined by the N-400?

Paranoid!!

This is out of my league, but from what I read, they (the FBI with nothing better to do) goes after the people that put this stuff on the web so others can download it rather than those that did the downloading, kind of like getting free candy. Would delete all that stuff and move forward, a lot of it contains adware, malware, and virus's anyway and may even crash your computer.

[Zarathustra 0]

'Crime' here relates to US federal law, if there is a US federal law prohibiting downloading electronic music in this manner, you should divulge this offense.

[NewWorld 0]

'Crime' here relates to US federal law, if there is a US federal law prohibiting downloading electronic music in this manner, you should divulge this offense.

I checked with my lawyer today, and he asked me loads of questions like whether I had ever put music up for others to download (ABSOLUTELY NOT) and whether I had made any CDs for profit, etc (NO NO NO). I explained I had a couple mp3s which I had deleted or lost, some of which I had downloaded using Napster.

He said that wasn't sufficient to be considered a crime, under the definition, so I shouldn't worry.

Thank God what a relief

[baron555 934]

'Crime' here relates to US federal law, if there is a US federal law prohibiting downloading electronic music in this manner, you should divulge this offense.

Sri, but here in the US, you ARE innocent until proven guilty. If the person was never formally convicted of a crime, then officially no crime was committed.

If the person thinks they committed a crime, then they should report themselves to the local police and they will determine if there is a case/cause or not. If not, then no crime was committed.

[NewWorld 0]

'Crime' here relates to US federal law, if there is a US federal law prohibiting downloading electronic music in this manner, you should divulge this offense.

Sri, but here in the US, you ARE innocent until proven guilty. If the person was never formally convicted of a crime, then officially no crime was committed.

If the person thinks they committed a crime, then they should report themselves to the local police and they will determine if there is a case/cause or not. If not, then no crime was committed.

This is what the US Copywrite office says

Is it legal to download works from peer-to-peer networks and if not, what is the penalty for doing so?

Uploading or downloading works protected by copyright without the authority of the copyright owner is an infringement of the copyright owner's exclusive rights of reproduction and/or distribution. Anyone found to have infringed a copyrighted work may be liable for statutory damages up to $30,000 for each work infringed and, if willful infringement is proven by the copyright owner, that amount may be increased up to $150,000 for each work infringed. In addition, an infringer of a work may also be liable for the attorney's fees incurred by the copyright owner to enforce his or her rights.

Whether or not a particular work is being made available under the authority of the copyright owner is a question of fact. But since any original work of authorship fixed in a tangible medium (including a computer file) is protected by federal copyright law upon creation, in the absence of clear information to the contrary, most works may be assumed to be protected by federal copyright law.

Since the files distributed over peer-to-peer networks are primarily copyrighted works, there is a risk of liability for downloading material from these networks. To avoid these risks, there are currently many "authorized" services on the Internet that allow consumers to purchase copyrighted works online, whether music, ebooks, or motion pictures. By purchasing works through authorized services, consumers can avoid the risks of infringement liability and can limit their exposure to other potential risks, e.g., viruses, unexpected material, or spyware.

http://www.copyright.gov/help/faq/faq-digital.html#p2p

No mention that this is a crime, just a copyright infringement. As my lawyer said, "Please Chill out Man!"

[NickD 203]

'Crime' here relates to US federal law, if there is a US federal law prohibiting downloading electronic music in this manner, you should divulge this offense.

Sri, but here in the US, you ARE innocent until proven guilty. If the person was never formally convicted of a crime, then officially no crime was committed.

If the person thinks they committed a crime, then they should report themselves to the local police and they will determine if there is a case/cause or not. If not, then no crime was committed.

This is what the US Copywrite office says

Is it legal to download works from peer-to-peer networks and if not, what is the penalty for doing so?

Uploading or downloading works protected by copyright without the authority of the copyright owner is an infringement of the copyright owner's exclusive rights of reproduction and/or distribution. Anyone found to have infringed a copyrighted work may be liable for statutory damages up to $30,000 for each work infringed and, if willful infringement is proven by the copyright owner, that amount may be increased up to $150,000 for each work infringed. In addition, an infringer of a work may also be liable for the attorney's fees incurred by the copyright owner to enforce his or her rights.

Whether or not a particular work is being made available under the authority of the copyright owner is a question of fact. But since any original work of authorship fixed in a tangible medium (including a computer file) is protected by federal copyright law upon creation, in the absence of clear information to the contrary, most works may be assumed to be protected by federal copyright law.

Since the files distributed over peer-to-peer networks are primarily copyrighted works, there is a risk of liability for downloading material from these networks. To avoid these risks, there are currently many "authorized" services on the Internet that allow consumers to purchase copyrighted works online, whether music, ebooks, or motion pictures. By purchasing works through authorized services, consumers can avoid the risks of infringement liability and can limit their exposure to other potential risks, e.g., viruses, unexpected material, or spyware.

http://www.copyright.gov/help/faq/faq-digital.html#p2p

No mention that this is a crime, just a copyright infringement. As my lawyer said, "Please Chill out Man!"

See you answered your own question, last year, as student in Duluth was fined $250,000.00 for posting MP3 files for downloading. May not be a crime, but can be very expensive. Hate plugging in a rental DVD to read copying can lead to a $250,000 fine and up to five years in prison. Bad enough to read that exact same penalty on all of the USCIS forms.

Is copying a DVD just as major of an offense and bringing a person here fraudulently? I guess so.

[antda 13]

Hi NewWorld,

If it makes you feel any better, I downloaded music online on napster back in my old college days too. Sigh, whatever happened to "freedom of expression" through sharing "free online music". Then again, "nothing is free nowadays".....lol....

I figured, that since I was using "one copy for personal use only", and that under copyright laws, that it was not a crime. (and I actually studied about this in college too..go figure....)

It's kind of like making a photocopy from a reference source at the library, or making a VHS (lol..back in the old days when VCRs were still around) copy of a tv show to watch later on my own....Are those crimes too?..lol...

As long as one is not "selling, illegally distributing, or making a profit" of copyrighted material, then that's fine, I think.....

And no, it never came up during the N-400 interview....(hmmm...wondering if IOs download music too..lol..)

On a similar note, I did ask about photocopying the Certificate of Naturalization, for personal use only....

To which this was their answer in-person to me during my oath ceremony:

IO2: For the citizenship certificate, make sure you don’t lose that. Keep it in a safe place.

Ant: Yes, I know, it takes a long time and costs quite a bit to replace.

IO2: Though if you are applying for a passport, you have to give them the original, and they will send it back to you in a separate envelope.

Ant: Ok. But can I also make a copy for myself for personal use? (Just in case the original got lost)

IO2: Yes, just a copy for yourself only. But others aren’t supposed to make copies of it, as it says here. (points to the line where it says, ”It is punishable by law to copy….”).

Lol....Oh and the DMV and SSA made photocopies of my certificate too, to update their records about my citizenship status and to give me new cards....Is this a crime too?

The point is: Personal use....Fine....For profit and/or other illegal purposes....No....

Hope this helps. Good luck with your journey too.

Ant

I am just paranoid! I have never done anyhing bad or anything, but I did download music when I was here studying in college. Do you think downloads from napster, limewire, etc years ago is a crime as defined by the N-400?

Paranoid!!

[NewWorld 0]

Thanks for clearing this up Ant!

I asked my lawyer to send me the statute and its clear there too (it's found on the website of the copyright office under Copyrightlaw chapter 5). I would never download anything again only because I really don't think its worth the trouble plus I dont want to get sued. The last time I did anything was in the 90s (98 I want to say?), but I wanted to be sure I will be fine in the interview. Thankfully, I never distributed, sold, or made any profit whatsoever, so we're in the clear.

I am just so happy I will be a citizen (SO LONG AS IT GOES WELL GOD WILLING!!)

Hi NewWorld,

If it makes you feel any better, I downloaded music online on napster back in my old college days too. Sigh, whatever happened to "freedom of expression" through sharing "free online music". Then again, "nothing is free nowadays".....lol....

I figured, that since I was using "one copy for personal use only", and that under copyright laws, that it was not a crime. (and I actually studied about this in college too..go figure....)

It's kind of like making a photocopy from a reference source at the library, or making a VHS (lol..back in the old days when VCRs were still around) copy of a tv show to watch later on my own....Are those crimes too?..lol...

As long as one is not "selling, illegally distributing, or making a profit" of copyrighted material, then that's fine, I think.....

And no, it never came up during the N-400 interview....(hmmm...wondering if IOs download music too..lol..)

On a similar note, I did ask about photocopying the Certificate of Naturalization, for personal use only....

To which this was their answer in-person to me during my oath ceremony:

IO2: For the citizenship certificate, make sure you don’t lose that. Keep it in a safe place.

Ant: Yes, I know, it takes a long time and costs quite a bit to replace.

IO2: Though if you are applying for a passport, you have to give them the original, and they will send it back to you in a separate envelope.

Ant: Ok. But can I also make a copy for myself for personal use? (Just in case the original got lost)

IO2: Yes, just a copy for yourself only. But others aren’t supposed to make copies of it, as it says here. (points to the line where it says, ”It is punishable by law to copy….”).

Lol....Oh and the DMV and SSA made photocopies of my certificate too, to update their records about my citizenship status and to give me new cards....Is this a crime too?

The point is: Personal use....Fine....For profit and/or other illegal purposes....No....

Hope this helps. Good luck with your journey too.

Ant

I am just paranoid! I have never done anyhing bad or anything, but I did download music when I was here studying in college. Do you think downloads from napster, limewire, etc years ago is a crime as defined by the N-400?

Paranoid!!