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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."

4 of 222 comments (clear)

  1. Re:As much as i hate the RIAA.... by timmarhy · · Score: -1, Troll

    grats on a retarded comment, unless you have the IQ of my pet cat you already know this whole story is about copyrighted music, not your stupid ubuntu torrent.

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  2. Re:As much as i hate the RIAA.... by timmarhy · · Score: 1, Troll
    your right, that's a pretty BIG stretch, so my logic still stands i think. If that was the case and you could show you actually owned a purchased copy of ALL the mp3's on your hard drive the RIAA probably would bail out on the legal proceedings. they aren't nearly as stupid as you think

    I wonder if a disclaimer to the effect that you must own a copy of said recordings to download them would hold up

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  3. Re:As much as i hate the RIAA.... by timmarhy · · Score: -1, Troll
    gah this is why i shouldn't comment on /. - people don't read and think, they just post like fucking lemmings whatever the popular thinking is at the time.

    REREAD my replies above. there is no "theory" about sharing infringing material, there's no way in hell it can be legal. that'd be like a drug dealer selling someone crack then claiming he thought the crackhead had a prescription for it so it was ok....

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  4. Re:As much as i hate the RIAA.... by timmarhy · · Score: 0, Troll
    well, i'd agree if you came to the kid and ASKED for a candy cane for the purpose of stabbing someone to death. using stupid examples isn't really going to prove your point.

    Fact is if i own a cd and share it over the internet without the copyright holders permission, i'd be breaking the law. it's pretty cut and dry chaps.

    I fail to see how the /. crowd can cry so foul of this given the way you all react when there's a report of a GPL violation. it's no different. just because you dislike the copyright holder, doesn't mean they are wrong.

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