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Comments: 1 +-   EFF takes on RIAA on 'making available' theory-> on Saturday January 12 2008, @11:37AM NewYorkCountryLawyer

Submitted by NewYorkCountryLawyer on Saturday January 12 2008, @11:37AM
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NewYorkCountryLawyer writes "In Atlantic v. Howell, the Phoenix, Arizona, case in which a defendant who has no legal representation has been battling the RIAA over its theory that merely 'making files available for distribution' is in and of itself a copyright infringement, Mr. Howell has received some help from an outside source. On the very last day allowed for the filing of supplemental briefs, the Electronic Frontier Foundation filed an amicus curiae brief agreeing with Mr. Howell, and refuting the RIAA's motion for summary judgment. The brief (pdf), which is recommended reading for anyone who wants to know what US copyright law really says, points out that "contrary to Plaintiffs' arguments, an infringement of the distribution right requires the unauthorized, actual dissemination of copies of a copyrighted work." This is the same case in which the RIAA claimed that Mr. Howell's mp3's, copied from his cd's, were themselves unlawful."
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  • It seems that the RIAA claims huge damages per song shared. While there might be justification when the person sharing has something new that isn't already downloadable, other people may actually reduce the availability of a file when downloading it.

    Considering the people downloading using bitorrent don't maintain a 1:1 or higher seeding ratio.
    While they may be identified as having an entire file online for sharing, they don't even share enough to make 1 copy, and since the bandwidth and seeding time of ot
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