In Copyright Infringement, Availability Does Not Equal Distribution

In a recent court ruling, a judge said that the Recording Industry Association of America could not sue for copyright infringement simply because someone gave others access to a computer directory. There must be evidence that someone actually downloaded copyrighted material. However, in the same case, the judge ruled that the RIAA could have its investigators download songs from such a directory, and that would be proof of infringement.

The lesson to take is this: if you find your copyrighted material available for download someplace like Amazon.com, download a copy of your own materials as proof that it was made available. Then you can happily make your case, assuming that you've registered copyright.