Re:On this whole "making available" thing.... (Score 1)

The Canadian portion of my discussion was based purely on what little information I could find on the subject and really not something I've kept up on. I appreciate the heads up. As for the other.... If her original intent was to make that copy available to others then the initial copying was a violation pure and simple. However, arguing intent is a tough road to follow. And to be honest, it's something that's very tough to prove for either side if pre-meditation isn't documented or a previous pattern of behaviour isn't shown somehow. All that aside (and playing devil's advocate), why not argue damages based on legitimizing what she did? Charge her for a master use license to distribute, and the mechanical licensing and royalties. In other words, give her the opportunity to make her actions 'legal'. This would in fact be FAR more expensive than the proposed settlements as master use licenses are not exactly cheap.