Quote:
Originally Posted by Harmon
But the downloaded ebook copy doesn't exist until you download it.
|
The eBook copy doesn't exist until the downloader requests that the uploader make it. It's like a pBook seller having a shelf with books on it behind the counter. When you ask for a copy of the book the seller takes it off the shelf, photocopies it, and then hands you the copy. The buyer never has physical access to the original book.
If the seller is not an authorized distributor then it is obvious they are committing infringement. But whether or not the buyer is guilty of indirect infringement depends on whether they were aware that the seller was committing infringement on their behalf when they asked for the book. Did the buyer know the book was copyrighted? Did the buyer know the seller was not an authorized distributor? ...etc.
If you're saying that the downloader of an eBook is the one that creates the copy (which is impossible if you know how computer's work), then they are the one distributing. That would mean the uploader is not guilty of copyright infringement, only the downloader is. The uploader is engaged in "making available", but not the actual distribution. That's not how the law is written, and that's not how the current RIAA lawsuits are being done. The uploader is the one who is responsible for the direct copyright infringement.