tag:blogger.com,1999:blog-5383512304639632735.post6801642424738974852..comments2024-01-23T07:34:52.253-08:00Comments on Copyrights & Campaigns: Ars Technica: 'RIAA v. Jammie Thomas, round two: an in-depth preview'Ben Sheffnerhttp://www.blogger.com/profile/06477793715765992689noreply@blogger.comBlogger2125tag:blogger.com,1999:blog-5383512304639632735.post-63776762170980645272009-06-04T07:44:14.756-07:002009-06-04T07:44:14.756-07:00@ Anonymous 7:38:
The labels are not backing off ...@ Anonymous 7:38:<br /><br />The labels are not backing off the "making available" argument (thought they know the court has already rejected it). They have proposed *both* a making available instruction (Proposed #20), *and* an "inference" instruction like the one you describe (#19). I don't know whether the court will give #19 (though I think it's unlikely).<br /><br />http://beckermanlegal.com/pdf/?file=/Lawyer_Copyright_Internet_Law/virgin_thomas_090601PltffsProposedJuryInstructions.pdfBen Sheffnerhttps://www.blogger.com/profile/06477793715765992689noreply@blogger.comtag:blogger.com,1999:blog-5383512304639632735.post-26609623474167603052009-06-04T07:38:49.209-07:002009-06-04T07:38:49.209-07:00Previous comments seems to have bounced. Ugh. An...Previous comments seems to have bounced. Ugh. Anyway, I beg to differ with both you and Nate on making available. It looks to be like RIAA is actually backing off its previous stance on making available, which was the argument that making available was itself a violation fo the distribution right. (Not merely tantamount to distribution, but a form of distribution.) Here (in the passage Nate quotes), they seem to be arguing instead that one can draw an inference of ("actual") distribution from the making available of a file. This seems significant, and quite a tenable position. I have little doubt that RIAA has not given up its previous position that MA=distribution, but they seem to recongize they need an alternative int he Thomas case, where that argument has already been rejected.Anonymousnoreply@blogger.com