New Ruling Says KaZaA's 'Shared Folder' Isn't Distribution

[Jorge]

Contradicts previous federal court ruling that defined 'distribution' as 'publication' and therefore illegal under copyright law.
The issue of KaZaA's '"shared folder" won't be settled quietly it seems. Just days ago I reported how in the case of Elektra v. Barker a judge in the 2nd Federal District Court in New York decided that the RIAA could amend it's lawsuit in order to define "distribution" as "publication." The defendant in the case had argued that merely putting music in KaZaA's shared folder in and of itself didn't constitute distribution, that it must be proved that somebody actually downloaded music files from here.

Read Full Article Here

[wapazoid]

I always did wonder why some P2P users were getting nabbed for having a shared folder, yet haven't uploaded a damn thing. I suppose "intent to distribute" would be an appropriate phrase. I remember getting a cease and desist or we'll spank you from my ISP a couple years back for sharing an NES Rom that no one ever downloaded from me on Direct Connect.