Copyright and "making available" on the Internet
Marty Schwimmer of the Trademark Law Blog has this post about an EFF amicus brief on the issue of whether making content available on the Internet is a violation of the distribution right. This in the context of Elektra v. Barker, (S.D.N.Y. 1:05-cv-07340-KMK filed 8/19/05) a record industry case against a P2P file sharer. Two industry groups have also filed an amicus brief. See EFF site for more.
This issue has also been implicated in the Napster investor liability litigation, see ruling, Download file, and in S.167, which became law last year, see prior posts here and here.
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