The High Court in England recently clarified the meaning of the term ‘making available’ to the public under the Copyright, Designs and Patents Act 1988 and the Copyright and Rights in Databases Regulations 1997. In particular the court focused on the issue of making available to the public via online transmission which was pertinent to the case in question. The court ruled that the act of making available happened only where the transmission took place, rather than reception. For colleges and universities, this may have implications as to where an action can be brought by them or against them in relation to a "communication to the public" copyright infringement claim. For more information please refer to:
http://www.twobirds.com/English/News/Articles/Pages/Making_available_over_internet_occurs_jurisdiction_where_servers_based.Aspx.