Making Available Is Not Distributing — Part II

from the good-news dept

Last month, it was looking like Judge Marilyn Patel actually understood one of the biggest issues in all of these lawsuits against people for file sharing. Simply offering up a file for sharing is not the same as actually distributing it. In other words, if you have a file left open for sharing purposes, that does not mean you’ve definitely distributed that file. The industry only sees that it’s available — not that you gave it to anyone. Judge Patel suggested this in denying summary judgment to the recording industry, but has now granted summary judgment to the other side, providing more details on this point. It’s a point of clarification, to be sure, but one that makes a lot of sense, and could come back to haunt the entertainment industry later on. Remember that, up in Canada, where they realized this much earlier, it meant that the recording industry often didn’t have enough evidence to sue people for sharing files. Of course, the next fine point that the courts should tackle is the industry’s willingness to sue the owner of the broadband connection, without any proof as to whether it was that person who broke the law or someone else using the connection.


Rate this comment as insightful
Rate this comment as funny
You have rated this comment as insightful
You have rated this comment as funny
Flag this comment as abusive/trolling/spam
You have flagged this comment
The first word has already been claimed
The last word has already been claimed
Insightful Lightbulb icon Funny Laughing icon Abusive/trolling/spam Flag icon Insightful badge Lightbulb icon Funny badge Laughing icon Comments icon

Comments on “Making Available Is Not Distributing — Part II”

Subscribe: RSS Leave a comment
1 Comment

Add Your Comment

Your email address will not be published. Required fields are marked *

Have a Techdirt Account? Sign in now. Want one? Register here

Comment Options:

Make this the or (get credits or sign in to see balance) what's this?

What's this?

Techdirt community members with Techdirt Credits can spotlight a comment as either the "First Word" or "Last Word" on a particular comment thread. Credits can be purchased at the Techdirt Insider Shop »

Follow Techdirt

Techdirt Daily Newsletter

Ctrl-Alt-Speech

A weekly news podcast from
Mike Masnick & Ben Whitelaw

Subscribe now to Ctrl-Alt-Speech »
Techdirt Deals
Techdirt Insider Discord
The latest chatter on the Techdirt Insider Discord channel...
Loading...