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Question
(a) Identify the governing doctrine for criminal liability in IP piracy under Sec. 33(b) and state the essential elements of the offense.
(b) In Cebu, a bookstore proprietor, Arman, obtains an unauthorized digital file of a popular travel guide from a file-sharing site. He reproduces 650 pirated copies using a local printer and sells 500 copies in his shop and 100 copies online. The publisher files a criminal complaint under RA 8792, Sec. 33(b) for piracy. Apply the elements to Arman’s acts and determine whether he is criminally liable for piracy, explaining why or why not, and distinguishing piracy from mere infringement.
(c) If Arman had only imported the pirated copies and did not sell or distribute them, would Sec. 33(b) still apply? Explain.