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At this point, however, the Elektra vs. Barker case began to diverge from the commonality of all other cases. Instead of folding up and giving in to the monetary demand, Barker decided to fight back, and this immediately separated her from the rest of the pack. The Barker case also features the “making available” theory. This theory claims that merely having copyrighted work in a shared folder is equal to copyright infringement. Quite simply, the plaintiffs claim that if such work exists in a public folder, the intention is there to distribute that work without the owner’s permission. Defendants have countered this claim by saying that a shared folder is no different than a public library, which has an entire inventory of protected works.
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