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Fbone · 09-04-2010, 02:26 AM

"What is copyright infringement?
As a general matter, copyright infringement occurs when a copyrighted work is reproduced, distributed, performed, publicly displayed, or made into a derivative work without the permission of the copyright owner."
http://www.copyright.gov/help/faq/fa...l#infringement

According to a 1993 8th Circuit Court case the judges decided that infringement "requires an actual dissemination." In one of the few illegal download cases that went to court the judge wrote, "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."
http://news.cnet.com/8301-13578_3-99...in;contentBody
http://news.cnet.com/8301-10784_3-99...?tag=mncol;txt
Where it was decided (in two other cases) that the individuals willfully downloaded and distributed so monetary damages apply. Cases are under appeal. Copyright infringement most likely has occurred.

But what is an "unauthorized copy" the judge mentions? The US Copyright Office has "reproduced" in it's definition of copyright infringement.
Is an "unauthorized copy" illegal? Does it violate the copyright holder's right to reproduce their work?
If using Kazaa or Limewire, who does the copying? The (originator, giver, sender) or the (recipient, taker, receiver)? One could say the file originator was passive and the other party was the aggressor by making a copy.

09-04-2010, 02:26 AM	#185
Fbone Is that a sandwich? Posts: 8,300 Karma: 101697116 Join Date: Jun 2010 Device: Nook Glowlight Plus	"What is copyright infringement? As a general matter, copyright infringement occurs when a copyrighted work is reproduced, distributed, performed, publicly displayed, or made into a derivative work without the permission of the copyright owner." http://www.copyright.gov/help/faq/fa...l#infringement According to a 1993 8th Circuit Court case the judges decided that infringement "requires an actual dissemination." In one of the few illegal download cases that went to court the judge wrote, "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." http://news.cnet.com/8301-13578_3-99...in;contentBody http://news.cnet.com/8301-10784_3-99...?tag=mncol;txt Where it was decided (in two other cases) that the individuals willfully downloaded and distributed so monetary damages apply. Cases are under appeal. Copyright infringement most likely has occurred. But what is an "unauthorized copy" the judge mentions? The US Copyright Office has "reproduced" in it's definition of copyright infringement. Is an "unauthorized copy" illegal? Does it violate the copyright holder's right to reproduce their work? If using Kazaa or Limewire, who does the copying? The (originator, giver, sender) or the (recipient, taker, receiver)? One could say the file originator was passive and the other party was the aggressor by making a copy. Last edited by Fbone; 09-04-2010 at 02:45 AM.