They need to prove that the defendant willfully downloaded the file at a particular point with the intention of violating copyright
No, all that is needed to prove is "making available". Even if you ripped your legally purchased CDs, and then installed Kazaa, which then detected the mp3s on your computer, and then began sharing them, without your knowledge, you would still be liable.
Infringement really has nothing to do with intent unless you are attempting to argue fair-use.
No, all that is needed to prove is "making available". Even if you ripped your legally purchased CDs, and then installed Kazaa, which then detected the mp3s on your computer, and then began sharing them, without your knowledge, you would still be liable.
Infringement really has nothing to do with intent unless you are attempting to argue fair-use.
http://en.wikipedia.org/wiki/Capitol_v._Thomas