I wonder if the RIAA is relying on Hotaling
Copying of a lawfully obtained copyrighted work without owner’s permission and making it available for public use is a violation of the distribution right, regardless of whether public saw/obtained the work or even knew it was available. Hotaling v. Church of Jesus Christ of Latter Day Saints (4th Cir. 1997)
The reason I mention it is because I was just looking at my copyright law outline from law school. (I took copyright law with Professor Stewart Sterk, who is also a property and conflicts professor.) Anyway, I was reviewing my outline to look at statutory damages, fair use etc. just as a quick refresher to get a handle on why the RIAA lawsuits are settling so quickly and without much of a fight as to the copyright issues.
The reason I mention it is because I was just looking at my copyright law outline from law school. (I took copyright law with Professor Stewart Sterk, who is also a property and conflicts professor.) Anyway, I was reviewing my outline to look at statutory damages, fair use etc. just as a quick refresher to get a handle on why the RIAA lawsuits are settling so quickly and without much of a fight as to the copyright issues.
