Quote:
Originally Posted by Elfwreck
Even uploading a complete copyrighted work for public download has to be measured against the four factors--and if there's no authorized digital version, and no intention (or ability) to release one, it's hard to claim the unauthorized one is infringing--it's not cutting into profits or exploiting a market that the original could otherwise take advantage of.
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It's not hard to claim at all. A copyright holder has the right to control copying - that's what the word copyright
means - and those right include the right to withhold the work from publication if they so choose. Profit may a factor in determining the punishment for copyright infringement, but it doesn't determine someone's guilt or otherwise in committing the infringing act.