[d@DCC] Question for the "upload to the mainframe" analogy supporters: who "owns" the mainframe?

[mskala at ansuz.sooke.bc.ca]

On Sun, 29 May 2005, Russell McOrmond wrote:
> mskala at ansuz.sooke.bc.ca wrote:
> >>It takes far more intent to receive something copyrighted than it does
> >>to "make available".
> >
> >
> > In the case of a standard file-sharing network I think that's true.  With
> > a Web server, for instance, it's less true.  Thus I think it's a point on
> > which complete blindness to the underlying technology isn't appropriate.
>
>
>    Can you explain why you believe this is true?

To receive something via a file-sharing network or HTTP - in the typical
case of using each, bearing in mind that other kinds of use are certainly
possible - a human has to deliberately take action by clicking on a link
or choosing a "download" command or similar.  But to upload the file, in
the case of HTTP you have to place it on a server (probably not your own
computer) in a way that requires a fair bit of intent, may require having
a hosting account for which you paid a separate fee, involves different
software from the software you'd use as a receiver yourself, and so on;
whereas uploading to a file sharing network can easily happen by accident
(the "files available for others" folder usually defaults to the same
place received files go, outgoing transfers are typically turned on by
default and/or required by the way the protocol works) and usually doesn't
require a special hosting account, "server" configuration, etc.  The
barrier to participation for file transmission is significant for HTTP
(proof: the proliferation of image deep-linking by people who don't have
servers of their own to post a copy), but so low as to be crossed by
accident for typical file-sharing networks.

So: receiving something by HTTP or by a file-sharing network typically
requires intent; you can't easily do that by accident.  (You *can* easily
receive something by email without intent.)  Uploading a file via HTTP
also typically requires intent.  It's not easy to do that by accident.
But uploading something to a file-sharing network often can, and often
does, happen by accident - that is, without intent.  Note that I'm not
talking about ALL cases and ALL networks here, only about the typical
situations.
-- 
Matthew Skala
mskala at ansuz.sooke.bc.ca                    Embrace and defend.
http://ansuz.sooke.bc.ca/