Are pirated software and other forms of copyright infringement protected by the First Amendment?
The First Amendment is not a defense for committing copyright infringement. Harper & Row Pub., Inc. v. Nation Enterprises, 471 U.S. 539, 105 S.Ct. 2218 (1985). Conversely, copyright laws are not restrictions on free speech, but instead provide protection to speech and expression. By doing so, copyright laws seek to promote creativity and the wide dissemination of ideas. Therefore, the unlawful reproduction and distribution of copyrighted material is not protected by the First Amendment and is considered copyright infringement under Federal law. In addition, inducing, causing or materially contributing to the commission of a direct infringement may constitute contributory infringement under Federal law. Material contained in a web site to promote a direct infringement in this manner, may, therefore, constitute contributory infringement and is not protected by the First Amendment. Is there a knowledge requirement for copyright infringement? Copyright law is a strict liability tort and do
