Quote:
Originally Posted by Elfwreck
Except the receiver is "making a copy" by downloading? And distributing to herself?
|
Only indirectly. There is no way a receiver can "make a copy". Downloaders never have access to the original. I can't make a copy of a file that sits on somebody else's computer. What happens is that my computer asks the uploader's computer for a copy, the uploader's computer then creates a copy and sends it to me. My computer never sees or "touches" the original file on their hard drive. I do not directly infringe on the distribution right, but I may be indirectly responsible for the infringement because I asked them for it.
Whether or not I'm indirectly responsible basically comes down to whether or not I was aware that when I asked for the file I was asking the uploader to commit copyright infringement on my behalf.
In the case of the Kindle books, I don't think you can argue that the customer's were inducing Amazon to commit the infringement. They likely had no idea that the eBook they purchased was unauthorized, so the responsibility was solely Amazon's (and the original uploader to Amazon).