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Originally Posted by Nate the great
Nope. You're wrong. A number of the RIAA cases involved downloaders. Go look them up.
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Sorry. Can't find any. All the ones I see are based around the "made available" argument (as in "they made files available for others to download").
See
Transmission + Reproduction != Distribution:
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But even more importantly, the labels are hoping that the courts will extend the distribution right to include transmissions over the Internet. When a file-sharer uploads a file, the file is transmitted and a copy retained at the other end. While that may look like a "distribution," the Copyright Act does not give a copyright owner control over all distributions, but rather only distributions of physical, material objects ("copies and phonorecords"). So, unless a file-sharer has unscrewed her hard drive and handed it to another person, she is not infringing the distribution right, because that right only extends to distributions of physical objects.
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The labels would like to make downloading illegal, but as the article points out, it would cause pain to many other companies.