

A paid skillful engineer, who doesn’t think it’s important to make that sort of a change and who knows how the system works, will know that, if success is judged solely by “does it work?” then the effort is doomed for failure. Such an engineer will push to have the requirements written clearly and explicitly - “how does it function?” rather than “what are the results?” - which means that unless the person writing the requirements actually understands the solution, said solution will end up having its requirements written such that even if it’s defeated instantly, it will count as a success. It met the specifications, after all.
Is there existing case law for what making something “available” means? If I say “Alright, I’ll send you this book if you want, just ask,” have I made it available? What if, when someone asks, I don’t actually send them anything?
I’m thinking outside of contexts of piracy and torrenting, to be clear - like if a software license requires you to make any changed versions available to anyone who uses the software. Can you say it’s available if your distribution platform is configured to prevent downloads?
If not, then why would it be any different when torrenting?
The argument that a copyrighted work has been reproduced when “made available,” when “made available” has such a low bar is also perplexing. If I post an ad on Craigslist for the sale of the Mona Lisa, have I reproduced it?
What if it was for a car?
I’m selling a brand new 2026 Alfa Romeo 4E, DM me your offers. I’ve now “reproduced” a car - come at me, MPAA.