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RIAA "Making Available" Theory Rejected
NewYorkCountryLawyer writes "In a 25-page decision (PDF) which has been awaited for two years in Elektra v. Barker, Judge Kenneth M. Karas has rejected the RIAA's 'making available' theory and its 'authorization' theory, but sustained the sufficiency of the complaint's allegations of 'distribution' and 'downloading,' and also gave the RIAA 30 days to cure the defects in its complaint by filing a new complaint. The judge left it open for the RIAA to allege that defendant made an 'offer to distribute,' and that the offer was for "'the purpose of further distribution,' which, the judge held, would be actionable."
Come on people, save these announcements for days that I can trust the internet...
We can only hope that the RIAA captures all the dastardly pirates.
<voice class="male UT announcer">
REEEJECTED!
</voice>
"When information is power, privacy is freedom" - Jah-Wren Ryel
WOA! Slow down there. Are you sure you want to make such an obviously inflamatory statement here on slashdot?
Here, let me fix it for you.
"takes the book, the book's arguably been distributed but I clearly haven't made any offer to distribute, the book was merely stolen^W^W^W^W^W^Wcopyright infringed"
There, much better.
You never realize how much manually made unmanaged "linked" lists suck, till you have src.link.link.link.link...
#1) It's spelled "Rochambeau".
#2) It has nothing to do with kicking in the testicles, contrary to the wisdom of Eric Cartman. It's just another (French) name for "Paper/Rock/Scissors".
I think it was made pretty clear a bit up.
Making Available:
I see your car in your drive way on a walk and decide I like it. I look inside, I see the keys and the door is unlocked. I steal it. You made the car available unintentionally.
Offer to Distribute:
I am looking for a car like yours. Fortunately I see your advertisement in the newspaper, and follow the big signs to your house. You meet me in the lawn and hand me the keys.
Here, cars work better
Think of it like this:
I place a pair of cars on a park bench and walk away.
versus:
I walk up to someone sitting on a park bench and offer them a pair of cars.
https://www.facebook.com/digitizeicm -- Show your support for the digitization of the Iron County Miner newspaper archiv
But, IANAL, YMMV, beware of dog, slippery when wet, etc.
I developed a newfound respect for Australians and their legal system last summer.
I was in my pool, and I happened to notice the warnings on the inflatables. It had three sections:
US: Do not leave children unsupervised. Not a life-saving device. Etc etc etc, about 5 or 6 lines worth.
UK: Not substantially different from US. Phrased differently, but effectively the same amount of material with the same meaning.
AU: Use only under competent supervision. That was it. All of it.
William of Ockham had no beard. The most likely explanation is that it was chewed off by squirrels every morning.
But you MUST admit, they are STEALING the music. If the law provides for retribution, either change the law as Sweden does and make it legal to pirate, or don't fucking break the law. Seems cut and dry to me. And I am a lawyer.
Riiiight. A lawyer. Sure. And I'm the CEO of Sony BMG.
In any event, I NEED admit nothing of the kind. Furthermore, I seriously doubt you're a lawyer, because if you were, you'd know the difference between committing an act of copyright infringement and stealing anything. Of course, you could be an RIAA attorney, in which case I would understand how such subtleties might escape you.
For some people, willful ignorance must truly be bliss.
The higher the technology, the sharper that two-edged sword.
Ray Beckerman +5 Insightful
The RIAA must prove that she not only made the files public but also announced to some 3rd party that they can take them.
My "shared" directory is entitled "Private_Property_Dont_Download"
I'd love to see them take me on in court.