> Except copyright infringement is a civil matter.
Copyright infringement is a felony if:
1. it is for purposes of commercial advantage or private financial gain by the reproduction or distribution during any 180-day period of 1 or more copies of 1 or more copyrighted works which have a total retail value of more than $1000; or
2. it is 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 the person making it available knew or should have known the work was intended for commercial distribution.
Adding to that, I think that the NET ("No Electronic Theft") Act made it so that trading in copyright infringing works could be considered 'commercial' in some circumstances, though I don't remember the details offhand. This would go hand in hand with point #1.
Copyright infringement is a felony if:
1. it is for purposes of commercial advantage or private financial gain by the reproduction or distribution during any 180-day period of 1 or more copies of 1 or more copyrighted works which have a total retail value of more than $1000; or
2. it is 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 the person making it available knew or should have known the work was intended for commercial distribution.