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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).

2 of 320 comments (clear)

  1. Re:man copyright is completely stupid by NewYorkCountryLawyer · · Score: 3, Informative

    That is in fact happening. See Creative Commons, FreeCulture, Free Software Foundation, etc.

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    Ray Beckerman +5 Insightful
  2. Re:Moot by terrymr · · Score: 3, Informative

    I'm not the only stupid one then : http://www.joegratz.net/archives/2005/09/02/p2p-de fendant-riaas-own-downloads-cant-prove-infringemen t/ - lawyers who know more about this than me use the same arguments.