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RIAA's "Making Available" Theory Is Tested

Posted by kdawson on from the cutting-more-legs-out dept.

NewYorkCountryLawyer writes "The RIAA's argument that merely 'making files available' is in and of itself a copyright infringement, argued in January in Elektra v. Barker (awaiting decision), is raging again, this time in a White Plains, New York, court in Warner v. Cassin. Ms. Cassin moved to dismiss the complaint; the RIAA countered by arguing that 'making available' on a p2p file sharing network is a violation of the distribution right in 17 USC 106(3). Ms. Cassin responded, pointing out the clear language of the statute, questioning the validity of the RIAA's authorities, and arguing that the Court's acceptance of the RIAA's theory would seriously impact the Internet. The case is scheduled for a conference on September 14th, at 10 AM (PDF), at the federal courthouse, 300 Quarropas Street, White Plains, New York, in the courtroom of Judge Stephen C. Robinson. The conference is open to the public."

2 of 222 comments (clear)

  1. First Post by Lucre+Lucifer · · Score: -1, Redundant

    File sharing might be benefited I can't Really tell RTFA is not something I have time for Some people will Time to do so after I post Perhaps I'll stop writing this to read the article Oh no way whatsoever Suck it, RIAA! Time to pay your lawyers

  2. I'm loltarded and I should feel bad by Lucre+Lucifer · · Score: -1, Redundant

    File sharing might be benefited
    I can't Really tell
    RTFA is not something I have time for
    Some people will
    Time to do so after I post

    Perhaps I'll stop writing this to read the article
    Oh no way whatsoever
    Suck it, RIAA!
    Time to pay your lawyers