Via the Susan Crawford blog and Corante. In 2005, in the Napster Investor case, Judge Marilyn Patel dismissed a plaintiff attempt to equate making files available (without proof of being downloaded) with an infringement of a copyholder’s exclusive right of distribution under the ART Act (Artists’ Rights and Theft Prevention Act of 2005). Under the Act, it is a criminal offense to “make available” public electronic files of prereleased material. Here is Judge Patel’s order (PDF). While an old item, I wanted to start the discussion because it will be coming up again over the next few months.
Filed under: 2005 Copyright Cases, Copyright, P2P
