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Is "Making Available" Copyright Infringement?

Posted by kdawson on from the RIAA-theory dept.

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).

3 of 320 comments (clear)

  1. Library? by nairb774 · · Score: 5, Insightful

    Did anyone think of a library making copyrighted materials available? (Sure it is likely to be more detailed then that but in the same manner is this where we are going?)

    1. Re:Library? by gstoddart · · Score: 5, Insightful

      Library usually count as an exception, and cannot be a useful example here...

      Well, except that media/publishing companies have been trying to have libraries removed as an exception. It is, in fact, a perfectly useful example -- because if someone gets a law passed which doesn't grant an exemption to libraries, really bad things (tm) will happen.

      The poster was pointing out how exactly a library could run afoul of such things if the corporations had their way.

      Cheers
      --
      Lost at C:>. Found at C.
  2. slippery slope by User+956 · · Score: 5, Funny

    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?

    --
    The theory of relativity doesn't work right in Arkansas.