Federal court judge Judge Nancy Gertner has dealt a blow to the Recording Industry Association of America, finding that merely exposing music files to the Internet is not copyright infringement.
"Merely because the defendant has 'completed all the steps necessary for distribution' does not necessarily mean that a distribution has actually occurred," wrote Gertner in her order. "As noted above, merely exposing music files to the Internet is not copyright infringement."
The judge did note that an "offer to distribute" is sufficient basis for a copyright infringement claim, which means that the RIAA can continue to make that allegation in its lawsuits. There is, however, a big difference between having evidence for a copyright infringement claim and showing by a preponderance of evidence that infringement actually took place.
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