The issue of KaZaA's '"shared folder" won't be settled quietly it seems. Just days ago I reported how in the case of Elektra v. Barker a judge in the 2nd Federal District Court in New York decided that the RIAA could amend it's lawsuit in order to define "distribution" as "publication." The defendant in the case had argued that merely putting music in KaZaA's shared folder in and of itself didn't constitute distribution, that it must be proved that somebody actually downloaded music files from here.
The judge disagreed and ruled that putting music files in the shared folder is the same as "publication" and therefore not subject to such a determination. He noted that that the defendant "made an offer to distribute, and that the offer to distribute was for the purpose of further distribution, public performance, or public display."
Now in the case of London-Sire v. Doe the 1st Federal District Court in Boston has made a contradictory ruling on the same issue, determining that "distribution" is not the same as "publication," that the terms are not "congruent," the ruling reads and "...even a cursory examination of the statute suggests that the terms are not synonymous."
"Merely because the defendant has 'completed all the steps necessary for distribution' does not necessarily mean that a distribution has actually occurred," Judge Nancy Gertner writes in her decision. . "It is a 'distribution" that the statute plainly requires."
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