"The court agrees with the great weight of authority that section 106(3) is not violated unless the defendant has actually distributed an unauthorized copy of the work to a member of the public," wrote the judge in his order. "Merely making an unauthorized copy of a copyrighted work available to the public does not violate a copyright holder's exclusive right of distribution."
Court rejects RIAA's 'making available' piracy argument
2008-05-01 23:07Court rejects RIAA's 'making available' piracy argument: