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Justice Department Probes for Pirates - CNet

CNET News - August 25, 2004

By John Borland

Attorney Robert Andris said the Underground Network hub operators, if ultimately charged with criminal copyright infringement, would face legal tests similar to those seen in the civil cases of Napster and Grokster. However, criminal cases do have a higher standard of proof, he said.

 

"A court would be looking at essentially the same conduct (as in the civil cases)," said Andris, a partner with Ropers Majeski Kohn & Bentley in Redwood City, Calif. "What it comes down to is the ability to control (swapping activity), and knowledge that it's going on."