The assertion that making a song available over a P2P network like KaZaA infringes on the copyrights of the record labels will be tested by Warner v. Cassin next month, as attorney Ray Beckerman will argue the matter in a federal court in White Plains, NY.
Although the RIAA's claim that making a song available over a P2P network infringes on a record label's copyrights may seem sound at first glance, the issue is as not cut and dried as the music industry would lead us to believe. First, the RIAA has not established that any infringement has actually taken place. The RIAA's claims of copyright infringement come after its investigator, MediaSentry, discovers music in a P2P user's shared folder. MediaSentry then takes screenshots, notes the IP address, and the litigation process is set into motion. That's the sole basis for the RIAA's complaints.
Beckerman argues that if making available is found to be the same as distributing, it could have broader implications than just sharing files over a P2P network. "Under such an elastic interpretation and ill-defined standards, almost all participants in the Internet would become vulnerable to accusations that they 'make available' a variety of content, including copyrighted materials, to users," he argues in the reply. Think about hyperlinks, which make available other content on the Internet. Providing a hyperlink could be construed as distribution under the RIAA's definition, argues Beckerman.
Source: Ars Technica
Beckerman argues that if making available is found to be the same as distributing, it could have broader implications than just sharing files over a P2P network. "Under such an elastic interpretation and ill-defined standards, almost all participants in the Internet would become vulnerable to accusations that they 'make available' a variety of content, including copyrighted materials, to users," he argues in the reply. Think about hyperlinks, which make available other content on the Internet. Providing a hyperlink could be construed as distribution under the RIAA's definition, argues Beckerman.
Source: Ars Technica
