p2pnet.net News:- America’s ART copyright doesn’t create copyright infringement liability for someone publishing an index of downloadable files, Judge Marilyn Hall Patel has ruled.

“If Congress wanted to make clear that the distribution right was broad enough to encompass making a work available to the public without proof of actual distribution, it is perfectly capable of doing [so]," Eric J. Sinrod quotes her as saying in his USA Today Cyberspeak column.

The Artists’ Rights and Theft Prevention Act of 2005, which became law in April, would, “carve out a larger role for law enforcers in the entertainment industry’s struggle to limit unauthorized copying of its movies and music," said a Reuters story in June last year.

Patel is the central figure in the Napster trial with the BMG half of Sony BGM being sued by two of the other four members of the Big Music cartel – England’s EMI and France’s UMG - with troubled Warner (US) watching from the side-lines.

They’re trying to nail BMG for alleged copyright violations dating back to when it and Napster were one.

(Thanks, Morg)

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See:-
USA Today - Proof of distribution required under recent copyright act, May 25, 2005
nail BMG - BMG pays $50K in Napster case, p2pnet, January 20, 2005

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