RIAA "Making Available" Theory Rejected 168
NewYorkCountryLawyer writes "In a 25-page decision (PDF) which has been awaited for two years in Elektra v. Barker, Judge Kenneth M. Karas has rejected the RIAA's 'making available' theory and its 'authorization' theory, but sustained the sufficiency of the complaint's allegations of 'distribution' and 'downloading,' and also gave the RIAA 30 days to cure the defects in its complaint by filing a new complaint. The judge left it open for the RIAA to allege that defendant made an 'offer to distribute,' and that the offer was for "'the purpose of further distribution,' which, the judge held, would be actionable."
Not today... (Score:5, Funny)
Let's hope. (Score:3, Funny)
In a word (Score:4, Funny)
REEEJECTED!
</voice>
Re:Not today... (Score:5, Funny)
I think that's likely the important part. It made me think.
But, IANAL, YMMV, beware of dog, slippery when wet, etc.
Close cover before striking (saw that on a book of AFL-CIO matches), Keep away from children, do not expose to fire or flame, and my favorite "do not eat"
I was at the eye doctor getting YAGed [wikipedia.org] yesterday so the old slashdot favorite "do not look into the laser with your remaining eye" seems appropriate here.
Re:RIAA's argument- WOA WOA WOA (Score:2, Funny)
Here, let me fix it for you.
"takes the book, the book's arguably been distributed but I clearly haven't made any offer to distribute, the book was merely stolen^W^W^W^W^W^Wcopyright infringed"
There, much better.
Re:Can someone kick the MAFIAA in the nuts? (Score:1, Funny)
#2) It has nothing to do with kicking in the testicles, contrary to the wisdom of Eric Cartman. It's just another (French) name for "Paper/Rock/Scissors".
Re:Can anyone explain (Score:4, Funny)
Making Available:
I see your car in your drive way on a walk and decide I like it. I look inside, I see the keys and the door is unlocked. I steal it. You made the car available unintentionally.
Offer to Distribute:
I am looking for a car like yours. Fortunately I see your advertisement in the newspaper, and follow the big signs to your house. You meet me in the lawn and hand me the keys.
Re:Can anyone explain (Score:5, Funny)
Here, cars work better
Think of it like this:
I place a pair of cars on a park bench and walk away.
versus:
I walk up to someone sitting on a park bench and offer them a pair of cars.
OT: On the subject of warnings... (Score:5, Funny)
I developed a newfound respect for Australians and their legal system last summer.
I was in my pool, and I happened to notice the warnings on the inflatables. It had three sections:
US: Do not leave children unsupervised. Not a life-saving device. Etc etc etc, about 5 or 6 lines worth.
UK: Not substantially different from US. Phrased differently, but effectively the same amount of material with the same meaning.
AU: Use only under competent supervision. That was it. All of it.
Re:In a word (Score:4, Funny)
DENIED!
</voice>
Re:But you MUST admit, they are STEALING (Score:4, Funny)
Riiiight. A lawyer. Sure. And I'm the CEO of Sony BMG.
In any event, I NEED admit nothing of the kind. Furthermore, I seriously doubt you're a lawyer, because if you were, you'd know the difference between committing an act of copyright infringement and stealing anything. Of course, you could be an RIAA attorney, in which case I would understand how such subtleties might escape you.
For some people, willful ignorance must truly be bliss.
Re:But you MUST admit, they are STEALING (Score:5, Funny)
Re:P2P != Bittorrent (Score:3, Funny)
The RIAA must prove that she not only made the files public but also announced to some 3rd party that they can take them.
My "shared" directory is entitled "Private_Property_Dont_Download"
I'd love to see them take me on in court.
Re:In a word (Score:4, Funny)
Humiliation!
</voice>
Re:Not today... (Score:4, Funny)
Re:Not today... (Score:3, Funny)
That's because I have no sense of humor.