Nimmer Changes His Tune: “Making Available” is Distribution

Cross-posted on the Copyhype blog. One topic of debate in copyright is over whether simply “making available” a file on a peer-to-peer network is itself a violation of the distribution right.1 The courts have been split on the issue.2 Professor Peter S. Menell explains the controversy: Interpreting “distribute” narrowly, some courts have held that copyright […]