Re: 'Nuther voluntary dismissal contemplated

[Hyman Rosen]

Alexander Terekhov wrote:
> And how does that make Verizon any less a distributor, Hyman?

When you post a link to the Verizon page, does that make
you a distributor too? In a world of hyperlinks and packet-
switched networks, defining exactly who is a distributor
is not necessarily an easy task, as the RIAA has found to
their chagrin when they tried to pursue "making available"
cases.

When such a question is at issue in a copyright case, it's
up to the discovery process to ferret out all the details
of what lives where and who is sending it out, and then for
the court to decide whether copyrights are being violated.

It's your opinion that in the case of Verizon, SFLC dismissed
because they were afraid to pursue Verizon. It's my opinion
that they dismissed because they decided that Verizon was not
enough of a distributor to require Verizon to fulfill GPL
responsibilities, but Actiontec was, and Actiontec agreed to
comply with the GPL.