My article for DRMWatch, reviewing the case law leading up to the Jammie Thomas Case and arguments concerning the theory of "making available."

A more recent article claims that more recent cases are looking more closely at the evidence, but I read those same cases, and they seemed no more stringent than the old ones--as always, the *outcome* of one P2P case might be different from another because of different circumstances, such as the presence of multiple adults and multiple computers in a single household, or, in another, because key elements were omitted from the statement of the claims, and so on. But it is hard to call, because many of these cases involve default judgments or summary judgment; these entail slippery questions as to whether something amounts to an actual dispute over the facts, or a more formal question that can be decided as a matter of law, but because the defendant is not presenting a defense, the issues are not aired fully.

posted by Solveig Singleton @ 11:21 AM | Enforcement & Remedies, Media: Video, Music...

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