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Has RIAA Abandoned the 'Making Available' Defense?

Posted by Zonk on from the slippery-fish dept.

NewYorkCountryLawyer writes "The RIAA's standard complaint (pdf) was thrown out last month by a federal judge in California as speculation in Interscope v. Rodriguez. Interestingly, the RIAA's amended complaint (pdf), filed six days later, abandoned altogether the RIAA's 'making available' argument. (Whereby making files available at all for download is infringement.) It first formulated that defense against a dismissal motion in Elektra v. Barker. This raises a number of questions: Is the RIAA is going to stick to this new form of complaint in future cases? Will they get into a different kind of trouble for some of its their new allegations, such as the contention that the investigator "detected an individual" (contradicting the testimony of the RIAA's own expert witness)? And finally, what tack will defendants' lawyers take (this was one lawyer's suggestion)?"

6 of 125 comments (clear)

  1. Re:Slashdot is just a pro-piracy site by Anonymous Coward · · Score: 4, Funny

    Except when it comes to GPL software. Stealing 20 lines of GPL code should be punishable by death!

  2. Oblig. IT crowd reference by Eudial · · Score: 4, Funny

    It felt appropriate to say

    You wouldn't steal a handbag... You wouldn't steal a car... You wouldn't steal a baby... You wouldn't shoot a policeman, and then steal his helmet... You wouldn't go to the toilet in his helmet, and then send it to the policeman's grieving widow, and then steal it again! Downloading films is stealing!

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    GAAH! MY PRINTER IS ON FIRE!!! PUT IT OUT! PUT IT OUT!
    1. Re:Oblig. IT crowd reference by Opportunist · · Score: 2, Funny

      Only if your diet consists of IP/copyright lawyers.

      Oh, you mean legally, not morally. My fault, sorry.

      --
      We used to have a Bill of Rights. Now, with the rights gone, all we have left is the bill.
  3. Re:Safe yet? by Jane+Q.+Public · · Score: 3, Funny

    Depends on who your partner is. :o)

  4. Re:Safe yet? by nacturation · · Score: 3, Funny

    Is it safe to SEED again? Naturally you mean things like various Linux distribution ISOs, works released under Creative Commons license or in the public domain, your own creative content, etc.? It's always been safe to seed those. Why do you ask?
    --
    Want to improve your Karma? Instead of "Post Anonymously", try the "Post Humously" option.
  5. Re:Nothing for you to see here. Please move along. by Anonymous Coward · · Score: 4, Funny

    That's not true! They generally make the articles available at least twice.