The Free Jammie Movement: Is Making a File Available to Other Users Over a Peer-to-Peer Computer Network Sufficient to Infringe the Copyright Owner's 17 U.S.C. Section 106(3) Distribution Right?

Abstract:     
Of the thousands of lawsuits brought by the Recording Industry Association of America against individuals for sharing music files over the Internet, the case of Jammie Thomas-Rasset was the first to complete a full jury trial. The judge vacated the initial judgment against Thomas-Rasset because he found, sua sponte, that he was mistaken when he instructed the jury that making a file available over a computer network for others to download is sufficient to find infringement of the exclusive distribution right of the copyright owner under 17 U.S.C. § 106(3). This Note argues that there is no making-available right, but that making-available may be considered as circumstantial evidence of distribution.

Keywords: making available, copyright, peer-to-peer

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