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blog.wired.com -  The Copyright Act says a rights holder has the exclusive right "to distribute copies or phonorecords of the copyrighted work to the public by sale or other transfer of ownership, or by rental, lease, or lending."

On Tuesday, in a lengthy telephone interview with Threat Level, two of the leading lawyers for the Motion Picture Association of America defined the Copyright Act as it applies to peer-to-peer file sharing networks: No actual transfer of the work is required, they said.
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