647628
submission
+- RIAA theories shot down in Arizona case-> on Tuesday April 29 2008, @01:23PM NewYorkCountryLawyer
background: url(//a.fsdn.com/sd/topics/topicdoj.gif); width:50px; height:79px;
court
NewYorkCountryLawyer writes "In Atlantic v. Howell, the judge has totally eviscerated the RIAA's theories of "making available" and "offering to distribute". In a 17-page opinion (pdf), District Judge Neil V. Wake carefully analyzed the statute and caselaw, and based on a "plain reading of the statute" concluded that "Unless a copy of the work changes hands in one of the designated ways, a "distribution" under [sec.] 106(3) has not taken place". The judge also questioned the sufficiency of the RIAA's evidence pointing towards defendant, as opposed to other members of his household. This is the Phoenix, Arizona, case in which the defendant is representing himself, but received some timely help from his friends. And it's the same case in which the RIAA suggested that Mr. Howell's mp3's, copied from his cd's, were "unlawful". One commentator calls today's decision "Another bad day for the RIAA"."
Link to Original Source
Link to Original Source
Go climb a gravity well!
All trademarks and copyrights on this page are owned by their respective owners. Comments are owned by the Poster. The Rest © 1997-2009 Geeknet, Inc.
RIAA theories shot down in Arizona case 0 Comments More Login /
Get More Comments