According to the brief, the authorized copies Howell made became unauthorized copies once Howell put them in a shared folder, presumably the Kazaa shared folder. I mentioned in the previous post that a “consummated transfer” wasn’t necessary for a violation to have occurred, according to the RIAA. If you rip a CD and place the MP3s into a folder to which only you have access, the copies are authorized. If the files are in a shared folder, they’re “available” to third parties, which is a copyright violation.
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