EFF Takes On RIAA "Making Available" Theory

NewYorkCountryLawyer writes "In Atlantic v. Howell, the Phoenix, Arizona, case in which a defendant who has no legal representation has been battling the RIAA over its theory that merely 'making files available for distribution' is in and of itself a copyright infringement, Mr. Howell has received some help from an outside source. On the last day allowed for the filing of supplemental briefs, the Electronic Frontier Foundation filed an amicus curiae brief agreeing with Mr. Howell, and refuting the RIAA's motion for summary judgment. The brief (PDF), which is recommended reading for anyone who wants to know what US copyright law really says, points out that 'contrary to Plaintiffs' arguments, an infringement of the distribution right requires the unauthorized, actual dissemination of copies of a copyrighted work.' This is the same case in which the RIAA claimed that Mr. Howell's MP3s, copied from his CDs, were themselves unlawful."

Comments

Too rich to be guilty

[Lije Baley]

With all that money in his trunk, why would Mr. Howell need to steal music? Plus, I don't think they even have broadband on that island.

Re:Thought crimes

[Anonymous Coward]

Furthermore, libraries doesn't facilitate theft.

No, but they do facilitate grammar. You should visit one sometime.

Re:Consequences? Bogus

[NewYorkCountryLawyer]

If they know its clearly bogus, then why don't they, in fairness, also drop all the previous cases where they argued this in the first place? Because that would be the honorable thing to do.