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Forums » RIAA Drops Case That Hinges On 'Making Available' Issue » I'm lost
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« Making available clause written by lawyers for lawyers.  

FLengineer
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Re: I'm lost

said by cdru See ProfileYou can't infringe on your own copyright. While the RIAA themselves may not own the copyright directly, the member company (Warner Brothers, Columbia, etc) would give the RIAA permission through membership.
Then the point of "unathorized file transfer" comes into question. If the RIAA is "Authorized" to download the file then the file transfer was authorized.
permalink · 2008-06-17 11:31:27 · Print · Reply to this

cdru
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Re: I'm lost

Incorrect. The RIAA is authorized to posess the file, so they couldn't be charged with copyright infringement. However the source that they downloaded it from, presuming some type of illegal P2P transfer, was not authorized to distribute it.

This is why that the majority if not all of the RIAA and MPAA lawsuits against P2P users have been against people who were distributing the files. People who downloaded, but not uploaded (e.g. from Usenet, ftp, etc) haven't been gone after because the penalties for distributing is far more then just possession of infringing works.
permalink · 2008-06-17 13:49:44 · Print · Reply to this
Forums » RIAA Drops Case That Hinges On 'Making Available' Issue« Making available clause written by lawyers for lawyers.  

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