More on "making available" as copyright distribution

Eric Goldman has a thoughtful post about a new case, Interscope Records v. Duty, and whether making files available in one's P2P directory constitutes an infringing "distribution" -- including commentary from Fred von Lohmann on how this issue is being "hotly contested on a variety of fronts".   See prior post here on the EFF's amicus brief on this issue.  The issue has also been implicated in the Napster investor liability litigation, as well as in S. 167, which became law last year.  See prior posts on the subject --   here and here.

 

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