quote: The argument boils down to the distribution and publication. "The question before the Court, therefore, is whether the Court should look to the definition of the word 'publication' to construe the meaning of the term 'distribute' in Section 106(3) of the Copyright Act," Judge Karas claimed.
quote: § 106. Exclusive rights in copyrighted worksSubject to sections 107 through 122, the owner of copyright under this title has the exclusive rights to do and to authorize any of the following:(3) to distribute copies or phonorecords of the copyrighted work to the public by sale or other transfer of ownership, or by rental, lease, or lending;
quote: "The ones that are doing the illegal thing are the downloaders, not the sharers.
quote: The judges are there to uphold the laws as they stand, not interpret or change them to fit a case.
quote: At the moment of purchase, the media becomes property of the owner at which time it is their free will to do what they wish to do with it.
quote: ..all they've done essentially is pay a "licensing fee" to have a copy of the actual copyrighted work.
quote: § 107. Limitations on exclusive rights: Fair use40Notwithstanding the provisions of sections 106 and 106A, the fair use of a copyrighted work, including such use by reproduction in copies or phonorecords or by any other means specified by that section, for purposes such as criticism, comment, news reporting, teaching (including multiple copies for classroom use), scholarship, or research, is not an infringement of copyright. In determining whether the use made of a work in any particular case is a fair use the factors to be considered shall include —(1) the purpose and character of the use, including whether such use is of a commercial nature or is for nonprofit educational purposes;(2) the nature of the copyrighted work;(3) the amount and substantiality of the portion used in relation to the copyrighted work as a whole; and(4) the effect of the use upon the potential market for or value of the copyrighted work.The fact that a work is unpublished shall not itself bar a finding of fair use if such finding is made upon consideration of all the above factors.
quote: So since publishing is the same now, I guess they will sue sites that list lyrics now.
quote: Example: http://www.basstabarchive.com/cgi-bin/tab.cgi?tab=...
quote: they can't sue us for not using their products.