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February 28, 2006

Denise Barker is one of the few file-swappers sued by the RIAA who has taken her fight to court. Elektra v. Barker is an interesting case for several reasons, including the fact that the RIAA wants to argue that simply making files available (even if they're not actually downloaded) constitutes infringement. The EFF has just weighed in on the case by filing an amicus brief with the court. Rather than address all the issues raised by the case, the brief tries instead to make only a single point: sharing music files does not infringe the "distribution right" granted to copyright holders.

Under US law, copyright owners are the only ones authorized "to distribute copies or phonorecords of the copyrighted work to the public by sale or other transfer of ownership, or by rental, lease, or lending." The EFF argues (PDF) that such "copies or phonorecords" only include physical objects such as cassettes, CDs, or a user's hard drive.

(Continued at Ars Technica)


Originally from Ars Technica, remediated by yatta on Feb 28, 2006 at 02:01 PM