Old 02-25-2008, 02:00 PM Offline   #1 (permalink)



 
coolmanhiphop's Avatar
Mr. News Guy
 
Since: Nov 2007
Posts: 109,399
Rank:
Uploads: 0
eCash: $500
Thank Meter: 9973

coolmanhiphop started pushin nickels an dimescoolmanhiphop started pushin nickels an dimescoolmanhiphop started pushin nickels an dimescoolmanhiphop started pushin nickels an dimescoolmanhiphop started pushin nickels an dimescoolmanhiphop started pushin nickels an dimescoolmanhiphop started pushin nickels an dimescoolmanhiphop started pushin nickels an dimescoolmanhiphop started pushin nickels an dimescoolmanhiphop started pushin nickels an dimescoolmanhiphop started pushin nickels an dimes
Rep Power: 2076
Default Judge Rejects RIAA 'Making Available' Theory

NewYorkCountryLawyer writes "A federal judge in Connecticut has rejected the RIAA's 'making available' theory, which is the basis of all of the RIAA's peer to peer file sharing cases. In Atlantic v. Brennan, in a 9-page opinion [PDF], Judge Janet Bond Arterton held that the RIAA needs to prove 'actual distribution of copies', and cannot rely — as it was permitted to do in Capitol v. Thomas — upon the mere fact that there are song files on the defendant's computer and that they were 'available'. This is the same issue that has been the subject of extensive briefing in two contested cases in New York, Elektra v. Barker and Warner v. Cassin. Judge Arterton also held that the defendant had other possible defenses, such as the unconstitutionality of the RIAA's damages theory and possible copyright misuse flowing from the record companies' anticompetitive behavior."Read more of this story at Slashdot.
</img>


More...
 
Digg this Post!Add Post to del.icio.usBookmark Post in TechnoratiFurl this Post!
Reply With Quote
Reply

Thread Tools
Display Modes

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is On
HTML code is Off
Trackbacks are On
Pingbacks are On
Refbacks are On


Similar Threads
Thread Thread Starter Forum Replies Last Post
Tenise Barker Takes On RIAA Damages Theory coolmanhiphop Feeds 0 07-28-2008 09:40 AM
RIAA 'Making Available' Argument: File Sharers 'Freeload' coolmanhiphop Feeds 0 06-30-2008 03:00 PM
Judge kills RIAA subpoena: making available not infringement coolmanhiphop Feeds 0 04-04-2008 07:40 AM
RIAA "Making Available" Theory Rejected coolmanhiphop Feeds 0 04-01-2008 12:40 PM
EFF Takes On RIAA "Making Available" Theory coolmanhiphop Feeds 0 01-12-2008 02:00 PM


All times are GMT -8. The time now is 03:45 PM.

Archive:


Powered by vBulletin® Version 3.8.2
Copyright ©2000 - 2019, Jelsoft Enterprises Ltd.
LinkBacks Enabled by vBSEO 3.3.2 © 2009, Crawlability, Inc.
Hip Hop Universe 2005-Forever