On Thu, 27 Jan 2011 15:27:42 -0800, Darren New wrote:

> Jim Henderson wrote:
>> On Thu, 27 Jan 2011 11:05:14 -0800, Darren New wrote:
>> 
>>> Jim Henderson wrote:
>>>> On Wed, 26 Jan 2011 15:34:56 -0800, Darren New wrote:
>>>>
>>>>> Jim Henderson wrote:
>>>>>> I think the "making available" argument more or less takes it as
>>>>>> read that she acquired the files illegally as well,
>>>>> Why would you say that?
>>>> I haven't read anything anywhere that says that she distributed
>>>> tracks from a CD that she purchased.
>>> That's how they know she had them.
>> 
>> What, that she had the CDs?
> 
> No. They knew she had the files because they downloaded them from her
> Kazaa account. If she ripped them off CDs, that makes my point even
> moreso.

Well, if she ripped them from CDs, then it would be a clear case of 
"making available".  If she downloaded them, she may not have had the 
intent (ie, may  have been unaware of how the technology works).

Not that from a legal standpoint that matters much.

Jim

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