[A2k] RIAA 'making available' theory rejected

[Jeffrey A. Williams]

Anne and all,

  Thank you for posting this.  It is yet hopefully another
nail in the coffin of the RIAA's errant and distructive legal
tactics which are gaining broad and mostly negitive attention.

  I hope that decisions like this one will clearly point out
how organizations through their skewed and errant political
views orcastrated in the courts carry little credance with
ethical legal minds including a broad spector of the judiciary.

-----Original Message-----
>From: Anne-Catherine Lorrain <aclorrain@consint.org>
>Sent: Apr 30, 2008 3:21 AM
>To: a2k@lists.essential.org
>Subject: [A2k] RIAA 'making available' theory rejected
>
>This is a multi-part message in MIME format.
>--
>[ Picked text/plain from multipart/alternative ]
>RIAA summary judgment motion denied in Atlantic v. Howell; RIAA 'making av=
ailable' theory & Judge Karas 'offer to distribute' theory rejected: making=
 a music file available in a Kazaa shared folder is not an unlawful distrib=
ution of a copyrighted work. To infringe the right of distribution under co=
pyright law, the owner must prove the "actual dissemination of copies or ph=
onorecords," the court held.
>
>In other words, copyright owners must prove that the file was actually dow=
nloaded by someone.
>
>RIAA qualifies this decision (only a District Court decision) as "strange"=
...
>
>http://www.eff.org/deeplinks/2008/04/big-victory-atlantic-v-howell-court-r=
ejects-making
>http://arstechnica.com/news.ars/post/20080429-judge-deals-another-blow-to-=
riaas-making-available-theory.html
>
>Anne-Catherine Lorrain
>TACD Intellectual Property Officer
>TransAtlantic Consumer Dialogue
>Avenue de Tervueren, 36 bte 4
>1040 Bruxelles
>Tel: +32 2 740 28 17
>Mobile: +32 473 99 97 92
>Cell (US): +1 (202) 390 6264
>
>_______________________________________________
>A2k mailing list
>A2k@lists.essential.org
>http://lists.essential.org/mailman/listinfo/a2k

Regards,

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