Using The 'Making Available' Argument For Copyright

Law360, New York (September 8, 2008, 12:00 AM EDT) -- Let’s say someone was held liable for copyright infringement because he left his copy of Wham!’s “Make It Big” CD on a table where another person picked it up, put it into a computer and copied it. Does that make any sense? In essence, this is the argument that record labels are making against indi­viduals who have made songs avail­able through file sharing programs such as Napster, KaZaA and Grokster.

Now, some of you may be asking, “Why is he still jamming to ‘Wake Me Up...
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