Slashdot Mirror

← Back to Stories (view on slashdot.org)

Judge Rules Offering != Distributing

Posted by Zonk on from the not-the-same-thing dept.

starrsoft writes "From the EFF's website: 'Judge Marilyn Patel issued a ruling (PDF) Wednesday that settles an important question in the ongoing Napster case -- whether under the law, simply offering copyrighted material to others means you're distributing it. Copyright holders have to prove that someone actually downloaded the file from you before you can be found liable for distributing. The simple act of offering isn't enough. It clarifies the law, providing a safeguard against the over-reach that the ART Act threatened.' Ernie Miller and Techdirt have more on this decision."

4 of 406 comments (clear)

  1. New plan: by Anonymous Coward · · Score: 2, Funny

    1. Get some kind of copyrighted material NOT owned by the RIAA, say a novel written by a friend of yours.
    2. Make 3000 copies of it, each one containing the material repeated until it reaches 3.2 or so megabytes, and name them all things like "Avril Lavinge - Happy Ending.mp3".
    3. Put them up on kazaa.
    4. Wait to be sued by the RIAA.
    5. When sued, produce logs and demonstrate that the RIAA has -- in fact -- downloaded quite a lot of copies of your friend's novel.
    6. Get your friend to sue the RIAA for illegally downloading his novel.

    1. Re:New plan: by Anonymous Coward · · Score: 3, Funny

      In that case put the goatse picture in it. That way everyone wins.

  2. Re:What about drugs? by The+Ultimate+Fartkno · · Score: 2, Funny

    > Usually they have some fake drugs (basil, powdered sugar, whatever).

    Basil?

    Either you've never been in a kitchen before or your dealer has been completely ripping you off.

  3. Re:What does it really mean? by Anonymous Coward · · Score: 1, Funny

    I am confused.....what is this "upload" of which you speak?