Quote:
Originally Posted by Shaggy
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.
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I have to wonder how deeply a court would look into the "mechanics" of the process. It strikes me that the uploader is just the better target, and will necessarily be involved with a greater exposure to statuory damages, because more copies will be involved.