said by Skippy25:This isnt even a gray area. The individual is guilty of distributing the files whether they can prove someone other than themself could get them. You know this, I know this, the RIAA knows this, and the courts should confirm it.
If you have the files shared, then your intent is for them to be downloaded. All of you "downloaders" will come here to argue your pathetic case because you want the courts to protect you from your illegal activities.
I agree with you that music thieves deserve what they get. But here is the fly in the ointment if the judge chooses the position that a UNAUTHORIZED DOWNLOAD has to take place. The word UNAUTHORIZED is the key because an authorized agent of the RIAA like Media Sentry who does the download would be an AUTHORIZED download and not an UNAUTHORIZED one.The court agrees with the great weight of authority that Sec. 106(3) is not violated unless the defendant has actually distributed an unauthorized copy of the work to a member of the public.
Unless a copy of the work changes hands in one of the designated ways, a "distribution" under Sec. 106(3) has not taken place. Merely making an unauthorized copy of a copyrighted work available to the public does not violate a copyright holder's exclusive right of distribution.
