Copyright infringement actors
- Users, for uploading copyrighted material, make copies, remix material, etc. If there is no fair use, downloading (and storing in one’s own computer) is a copyright infringement too. Users are directly engaged in copyright infringement.
- Websites, and their operators, for making available copyrighted material. Website operators are directly engaged in copyright infringement too. What happens with host service providers and access providers? Hosts too are directly implicated, as illegal copies are stored in their computers.
- Aggregators of links, though they do not actually have the content on their facilities, they are directly implicated too. But they are in practice making the content available (in a very broad sense) by linking to the one that put it online. A lighter interpretation of the Law would consider these agents as implied in an indirect (not direct) way to copyright liability.
- P2P software distributors and sites, as in the previous case, are indirectly implicated by enabling access to copyrighted content.
Jane C. Ginsburg
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To be liable for copyright infringement, the sole existence of the digital file is considered a copy, and hence an illegal copy. On the other hand, technically the transmission of the file should be completed to imply copyright infringement, so not only making the file available but having accessed/copied it should be demonstrated (which is very difficult to) to imply such an infringement. Due to technical difficulties, normally the defendant is asked to demonstrate that actual access did not too place.
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Host service providers and access providers, though directly (or indirectly, depending on interpretation) related with copyright infringement, usually have special regulation regimes to protect their economic activities.
Kinds of copyright infringement
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Contributory infringement: you furnish the means, with knowledge, to enable copyright infringement. If these means are capable of substantial non infringement use, then the distribution (e.g. mp3 reproducers) is lawful, even if means can be used unlawfully. The problem is what substantial really stands for. So the usual defence is about providing evidence that no knowledge of criminal activities were taking place (e.g. Kazaa not having a central directory of files).
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