Quote:
Originally Posted by Harry Chickpea
Look towards INTENT, not literalisms. I've paid to see GWTW a number of times on the big screen in movie palaces. The experience is well worth it. I've paid for a collector edition DVD of it, AND I have off-the-air recordings of it as well. According to the law I have a perfect right to all of the above. If I bring an unspecified number of friends to watch my private copy, I'm within the law. IF... those friends bring a date that I do not know, I am in violation of the law by having a public showing to a GROUP of people. Insane? Youbetcha if you take it literally. If you understand that the INTENT is to prevent the growth of underground theatres, it makes some sense and you can act accordingly.
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I understand this and have used it when I was an LE officer, but the only danger I see is that some laws are termed "general" intent which means if you violated that law, it is assumed you meant to do so. Others are "specific" intent which means the state has to prove you actually meant to commit the crime. I believe most codified law (at least in Idaho from what I can remember) indicates when it is "specific" intent and if it does not, it's "general".
For instance, In Idaho "burglary" is a "specific" intent law. It states that when a person enters a building with the intent to commit theft or any other felony they have committed "burglary".
If a person enters a building with no intention of stealing, then it's just a theft. If they enter without stealing then it's just an "unlawful entry" or "trespassing". Sometimes intent, with regard to burglary, can be proven by the mere fact the person would have had no other reason to say forcefully enter a house than to steal something. But let's say they were cold and forcefully entered a remote cabin to survive, then saw there was food int eh fridge. When they eat it, have they committed "burglary"?
Anyway, my whole point is that sometimes we may not know what the intent of a law is. When they passed "anti-piracy" laws, did the codified law state "with the intention of preventing "the growth of underground theatres"? I doubt it.
That's maybe part of the the problem with the law- it's kept vague to trap as many people as possible.