RIAA Argues Uploading Is Illegal Too
“In its lawsuits against P2P users, the RIAA wants to argue two things. First, it wants to argue that illegal downloaders are infringing on the copyright owners’ exclusive right to reproduce their copyrighted work. As the very word “copyright” suggests, the rightsholders’ exclusive right to make copies of a work is at the very heart of copyright law, and the EFF in fact concurs with the RIAA on this issue, holding that P2P downloading is technically copyright infringement from a legal standpoint.
“More controversially, though, the RIAA would like to argue that those who upload copyrighted works onto P2P networks are infringing on rightsholders’ exclusive right to distribute copies of the work to the public. This argument that a digital transmission of a work that results in a copy on the other end equals distribution is where things start to get really, really interesting.”
Ars Technica. The RIAA vs. the EFF: Who Will Redefine Copyright for the Digital Age. April 18, 2006.
CopyCense™: K. Matthew Dames on the law, business, and technology of digital content. A business venture of Seso Digital LLC.