On 11/7/98, Ralph Clifford <rclifford[_at_]snesl.edu> wrote:
>
> If your question is based on the Federal rules, you should not
> object, but you should not do the copying either. All Rule 34(a)
> requires is that you "produce and permit the party making the request
> ... to inspect and copy any designated documents ..." Therefore,
> the software manual should be made available for inspection and copying.
> If the requesting party makes a copy, he or she would be the potential
> copyright infringer, though I'd guess that a strong fair use argument
> would be available.
Putting aside fair use for the moment, it seems to me that making the work available for copying (not just for inspection with the clear understanding that no copies are to be made) would be contributory infringement. There is direct infringement, and knowledge and contribution on the part of the indirect infringer.
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