Interesting stuff. I also think that it is applicable in part to the RIAA's crusade against P2P file sharers, with respect to the "making available" of copyrighted materials.

Say, for example, I rip a copy of "Achtung Baby" by U2 to my harddrive (OK, the RIAA doesn't like it, but it is not illegal -- at least not yet). Then I install a bittorent client or something like it and point it to the directory where I store stuff to be shared. My ripped CD is under that directory -- a fact I didn't consider. The RIAA thinks I am making the CD available and that I am guilty of copyright infringement, especially if someone actually does grab the ripped CD.

Considering your article, however, I'm thinking about it in a new light. Just placing my music in a publicly accessible place doesn't mean that I authorize anyone to access it. After all, if I left the actual CD on a table next to an open window, that doesn't mean that it is free for the taking. I didn't (and wouldn't!) authorize that. If I didn't authorize the access to the ripped CD, how am I infringing copyright? The person who grabs it is guilty of theft, IMHO, and I am a victim!

Make sense?

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