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The argument is that even if a defendant has never copied or distributed a file illegally, the fact that he or she possesses a computer with a shared-files folder on it that contains copyrighted files "made available" over an Internet connection, this in and of itself constitutes infringement of the "distribution" rights of the sound recording copyright holder under Section 106(3) of the Copyright Act.
2 posted on 01/25/2007 10:59:35 AM PST by Ernest_at_the_Beach (The DemonicRATS believe ....that the best decisions are always made after the fact.)
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To: Ernest_at_the_Beach
In other words, if it on your Hard Drive you are automatically a distributor.


4 posted on 01/25/2007 11:03:45 AM PST by darkwing104 (Let's get dangerous)
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To: Ernest_at_the_Beach
The argument is that even if a defendant has never copied or distributed a file illegally, the fact that he or she possesses a computer with a shared-files folder on it that contains copyrighted files "made available" over an Internet connection

The lawyer who brought this suit should be sanctioned for barratry and/or simple incompetence.

The usual reason for placing files in a shared-files folder is to make them available to other machines on one's local network (e.g. storing files on the main computer in one room and accessing them from a laptop in another room via a wireless connection).

11 posted on 01/25/2007 11:18:55 AM PST by steve-b (It's hard to be religious when certain people don't get struck by lightning.)
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