[IP] Downloading equals manufacturing.

[David Farber <dave@farber.net>]

Begin forwarded message:

From: Randall <rvh40@insightbb.com>
Date: January 28, 2006 6:54:04 PM EST
To: Dave <dave@farber.net>, Declan McCullagh <declan@well.com>,  
cyberia <CYBERIA-L@LISTSERV.AOL.COM>
Subject: Downloading equals manufacturing.

http://www.sciencedaily.com/upi/? 
feed=TopNews&article=UPI-1-20060127-19534200-bc-us-childporn.xml

<QUOTE>
Mich. court: Downloading porn is making it

MUSKEGON, Mich., Jan. 27 (UPI) -- A Michigan appeals court has ruled  
that
downloading child pornography from the Internet can be charged as  
"making"
the material.

Making or manufacturing child pornography is a felony in Michigan with a
potential sentence of 20 years in prison. The court upheld the  
position of
the Muskegon County prosecutor in the case of former Egelston Township
Treasurer Brian Hill, the Muskegon Chronicle reported.

Hill is awaiting trial. The court ruling has put his case on the docket,
although the issue is likely to be decided by the state Supreme Court.

His lawyer argued that downloading pornography should be charged as
possession, which carries a maximum penalty of four years.

"It's groundbreaking law in the area of computers and pornography," said
prosecutor Tony Tague. "This decision will provide a tool to prosecutors
across the state, particularly in curbing and prosecuting child  
pornography."
</quote>

The court decision is here:

http://courtofappeals.mijud.net/documents/OPINIONS/FINAL/COA/ 
20060124_C264361_40_264361.OPN.PDF

It says, in part:

<QUOTE>
After reviewing the dictionary definition of the word make, the  
circuit court
stated that the bottom line was that, following the mechanical and  
technical
act of burning images onto the CD-Rs, something new was created or  
made that
did not previously exist.
</quote>
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