EFF argues placing files in 'Shared Folder' isn't sharing
Can the act of file sharing take place "passively," without the users' direct involvement; and if so, can they no longer be held liable for copyright infringement? That's the question a US district court is preparing to consider.
Next week, an Arizona district court will hear arguments in the ongoing case of the Howell family of Scottsdale, who last August was found to be illegally distributing 2,329 MP3s in violation of copyright. At that time, the judge in the case ruled that the fact that those MP3s appeared in Mr. Howell's shared music folder for his Kazaa program was proof enough that he had intention to share them, and that no evidence needed to be uncovered of actual subsequent file transfers.