Legal/Government

Offering != Distribution

One story I've been meaning to post about is Judge Patel's ruling that "Offering is not Distribution":

... copyright holders have to prove that someone actually downloaded the file from you before you can be found liable for distributing. The simple act of offering isn't enough.

While this may not seem like a significant finding, it is. The RIAA/MPAA cannot sue you for just offering up files -- they need to prove that someone actually downloaded an infringing file before they have a case to sue on. The importance here lies in the burden of proof -- its easy to show that someone is offering a file, but proving that someone downloaded the file is much harder. They would need to get some sort of transfer log or somehow have sniffed your download packets to prove the infringement. Much more difficult than just pointing fingers as they have in the past.

The RIAA members are further painting themselves into a corner. With their aggressive tactics they are getting the courts to examine and decide every little aspect of copyright law as it pertains to the Internet. In some cases, I think it would've been more beneficial for the RIAA to leave some grey-zones uninterpreted. Every single issue that they are forcing with their useless lawsuits gets decided against them -- wouldn't it be smarter to stop? The dead-end of total un-enforceability of their ridiculous policies is getting closer! Good for us, bad for them!

Posted by Mayhem at June 11, 2005 12:24 PM