Is "Making Available" Copyright Infringement?

NewYorkCountryLawyer updates us now that the legal issue — is it copyright infringement merely to "make available" a copyrighted work? — has been argued by the attorneys in Elektra v. Barker (on January 26). Whichever way the ruling goes it will have a large impact across the Internet. Appeal seems likely either way. No ruling has issued yet but "a friend" has made the 58-page transcript "available" (PDF here).

Comments

slippery slope

[User 956]

NewYorkCountryLawyer updates us now that the legal issue -- is it copyright infringement merely to "make available" a copyrighted work?

This of course, leading to 2011's legal dilemma: Is it copyright infringement to "view" a copyrighted work?

Re:Illegal to not report a crime?

[denis-The-menace]

re: would the house owner be liable for copyright infringement?

Only if he runs off with the original and leaves you with a copy ;)

Re:Probably.

[Applekid]

Besides, what is the point of "making available" if not to distribute? You don't make something available if you don't intend to distribute it

Exactly. Why'd that hot secretary have to get so mad at me?

Re:Slippery Slope

[cibyr]

But what if you leave your car unlocked with your malware-0wned but ripped-from-legit-CDs music filled laptop parked outside a public library connected to the free wifi with windows file sharing turned on? What then?

Re:Here's an interesting analogy to shoot down RIA

[Anonymous Coward]

How about those f%$#kers who blast their stereos out their car windows? or my neighbors downstairs? If anyone's making music freely-available *with intent*, it's these assholes.