Old 04-29-2008, 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 Arizona Judge Shoots Down RIAA Theories

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 MP3s, copied from his CDs, were unlawful. One commentator calls today's decision 'Another bad day for the RIAA.'"
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
Judge Says First-Ever RIAA Piracy Trial May Need a Do-Over coolmanhiphop Feeds 0 05-15-2008 03:00 PM
Chief RIAA Litigator Named Colorado Judge coolmanhiphop Feeds 0 05-07-2008 12:50 PM
Florida Judge Smacks Down RIAA coolmanhiphop Feeds 0 05-06-2008 12:50 PM
Judge Rejects RIAA 'Making Available' Theory coolmanhiphop Feeds 0 02-25-2008 02:00 PM
Judge Dismisses RIAA Racketeering Lawsuit coolmanhiphop Feeds 0 02-22-2008 03:50 PM


All times are GMT -8. The time now is 01:31 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