Making Files Available for Download ==> Distribution in the sense of copyright infringement

Federal Judge Aiken recently ruled that making a file available for download is "distribution" for purposes of copyright infringement.

As written, US copyright law explicitly says that in order to “distribute” a copyrighted work, an actual, physical exchange of a material object must take place. Various groups urge the courts to define “distribution” as necessitating involving physical objects, even though most would agree that the iTunes Store and other online music services selling purely digital goods engage in the authorized distribution of copyrighted works. Online users may be responsible for what others do, should they make it possible for others to get access to copyrighted materials.In her order, the judge noted that in a copyright infringement case, the plaintiff needs to do two things: demonstrate ownership of the material and show that the party accused of infringement “violated at least one exclusive right granted to copyright holders under 17 U.S.C. § 106.” According to Judge Aiken, making songs available for download fulfills the second requirement.

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Nancy