Definition[]
Pre-release criminal copyright infringement is willful copyright infringement "by the distribution of a work being prepared for commercial distribution, by making it available on a computer network accessible to members of the public, if such person knew or should have known that the work was intended for commercial distribution." It is a felony punishable by up to three years' imprisonment and a $250,000 fine under 17 U.S.C. §506(a)(1)(C) and 18 U.S.C. §2319(d). The maximum penalty rises to five years' imprisonment if the defendant also acted "for purposes of commercial advantage or private financial gain."