I don't think I understand Kate Spain's perspective here.
Fabric design is certainly a creative endeavor, and fabrics aren't exactly commodities, but they are pretty clearly intermediate goods. The primary purpose of a fabric is to be used as a component in some other creation.
What goes through a person's head when selling something like that? It's okay if people buy it, but using it is absolutely unauthorized?
What's funny is that these girls are being treated as "children" when it comes to the act, but as adults when it comes to the law.
To be culpable of a felony implies the knowledge that something sinister is being done. If that's the case, it sort of takes the 'child' out of 'child pornography.' What fun to have a felony attached to your name because you technically fell beneath an arbitrary number.
Once you strip away the scary buzzword, the prosecutor is either going after girls who didn't truly do anything wrong or children who didn't know any better.
You're right, the lawyer is exploiting them more than they ever could have.
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Intermediate Goods
Fabric design is certainly a creative endeavor, and fabrics aren't exactly commodities, but they are pretty clearly intermediate goods. The primary purpose of a fabric is to be used as a component in some other creation.
What goes through a person's head when selling something like that? It's okay if people buy it, but using it is absolutely unauthorized?
What was she expecting to happen?
Re: Some people are histerical.
To be culpable of a felony implies the knowledge that something sinister is being done. If that's the case, it sort of takes the 'child' out of 'child pornography.' What fun to have a felony attached to your name because you technically fell beneath an arbitrary number.
Once you strip away the scary buzzword, the prosecutor is either going after girls who didn't truly do anything wrong or children who didn't know any better.
You're right, the lawyer is exploiting them more than they ever could have.
Techdirt has not posted any stories submitted by Volucris.
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