Re: Distribution right vs. "make available for download"

Dan Ballard wrote:
> The judge who has been handling the Napster cases, Judge Marilyn Patel,
> yesterday rejected the record labels' claim that a copyright holders'
> exclusive right to distribute a work includes the right to make the work
> available for download.

I read the decision, and your phrasing of the holding is overbroad.

The issue as phrased by the court, is whether "maintaining an index" of downloadable (copyrighted) files is a distribution. It is the difference between making the file itself available for download, and making a list of locations to go get the file available. The court did not address the former.

The case is consistent with the past rulings that have forced the content owners into an indirect infringement analysis, instead of a direct infringement analysis.

I personally see nothing significant about the decision, but perhaps someone who has worked more in p2p could explain to me why this case is important.

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Mike Oliver, Bowie & Jensen, LLC
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Suite 600
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