Quote:
Originally Posted by Shaggy
Actually, it makes no difference if ppl are "allowed to download" (whatever that actually means). What matters is whether the uploader is an authorized distributor. So, theoretically, even if an uploader released the file to someone who had bought the content, if that uploader is not authorized by the copyright holder to distribute, then it's infringement.
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I'm not sure... is someone a "distributor" if they don't actually distribute? Making it available for download should only be relevant if people who weren't authorized to have a copy got one.
I'm trying to think of an example of someone busted for distribution of copies to authorized recipients. It's hard to come up with anything, because most distributors who aren't resellers covered by first-sale rights are at the upper-corporate level. All I can think of is something like a magazine distributor who sends out copies a week early. Or the post office (except they're covered by safe harbor provisions--but I don't know how that works if the content was labeled "Do not deliver before [date].")
Have there been any lawsuits or criminal prosecutions (I'm not sure that falls under the criminal side of infringement) for illegal distribution, without a making-copies aspect attached?