The entertainment industry has been pushing for courts to rule that simply "making available" content for file sharing is the equivalent of copyright infringement.

There's a big problem with this, however. Copyright covers a few different things, and the key ones under which most people are charged is unauthorized "distribution." But, if there's no evidence that a file was actually shared, it's difficult to see how distribution actually occurred.

Basically, those who say making available isn't distribution are simply saying...