Judge Rules Offering != Distributing

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."

Comments

What does it really mean?

[Greg Wright]

What is keeping *them* from just downloading a copy? If not them, they someone they hire or pay off. It is certainly a step in the right direction I think, and it might actually help Napster in this case, but in the long run I am not so sure how much of an effect it will have. At least it will mean that they probably don't have the correct evidence to sue a lot of people they wanted to, but all the new cases in the future won't have that problem I bet. Does anyone else see why this would mean more then just some old cases not having enough evidence?

Re:What does it really mean?

[Theaetetus]

Wrong! You cannot download another copy from someone else even if you own the original. Doing so is ethical but illegal

Right, but wrong reason (and side) - you can download a copy from someone else if you own the article in question: if I have a CD of a song, I am legally entitled to format-shift it to MP3. Whether that happens on my computer or on another computer doesn't matter. I can obtain my format-shifted version any way I want.
However, the person who I got it from didn't have distribution rights, and is acting illegally by sharing it. So, while the process is still illegal, it's not the downloader who is in the wrong, it's the uploader.

-T

Re:What does it really mean?

[cpt kangarooski]

Rather more importantly, is a portion of a movie FILE copyrighted?

As a rule, yes.

Usually, you need the entire file in order to have it be readable.

So?

Hmm... are .rar's downloaded from multiple people immune to the law?

No. I would also encourage you to bear in mind this rule of thumb: not only is it usually impossible to escape the law by being clever, but those who work in the law are clever too, and won't be deterred by the likes of you.

Common sense?

[Sv-Manowar]

This seems to me like a victory for common sense. Using the fact that someone offers you files named, checksummed or otherwise identified as a specific song/resource is and should be no proof that those files are either being transferred or distributed. There were cases of this kind of stupidity with the RIAA sending out threats to people with files named with artist's and track names, without even verifying the contents, and this is clearly overstepping the mark. Until they can prove and verify that what you're offering is the valid song, and that you have actually distributed copies of it, it would seem highly bizarre that they could claim you were performing those acts.

humm.

[LWATCDR]

So what does this mean for Bit torrent trackers?
They offer just a hash not the actual file.

Re:They can download it themselves

[AKAImBatman]

I know this word is used way too loosely by people trying to make points about the law but aren't you forcing someone to break the law in order to sue them?

1. Entrapment only applies to law enforcement.
2. "when a person is predisposed to commit a crime, offering opportunities to commit the crime is not entrapment"
3. I'm thinking that someone who has permission to download files is not causing anyone to break the law by downloading from a site that is offering said files.

Re:Ok, this is interesting....

[kindbud]

How likely are the RIAA to get these logs? Do the ISPs by law have to keep these logs?

They will when the RIAA-sponsored Internet Copyright Infringment Evidence Preservation Act is passed. Their standard M.O. after getting spanked in court is to go buy a law that has the effect of overturning the unfavorable ruling.