Boston Judge Rules: Exposing Files On The Internet Is Not Piracy
I always wondered if making music or other types of files would constitute piracy in the U.S. Well here is an answer from a Boston Judge:
“As we mentioned yesterday, a New York court in Elektra v. Barker gave a boost to the recording industry by ruling that an offer to distribute a file on a P2P network can infringe the distribution right, even if no one ever actually downloaded it from you. Well, on the same day, a Massachusetts court in London-Sire v. Doe ruled just the opposite, holding that “merely exposing music files to the internet is not copyright infringement” (we just received the ruling today).
EFF filed an amicus brief in this case (formerly known as Atlantic v. Does 1-21), and our arguments appear to have found a more receptive audience in Boston that they did in New York City (the judge thanks us for our participation on page 11). The 52-page ruling is the most extensive analysis yet of the recording industry’s “making available” argument, which claims that you infringe copyright merely by having a song in your shared folder, even if no one ever downloads it.” [EFF]
I bet that this fight is not over….
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