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RIAA "Making Available" Theory Rejected

Posted by kdawson on from the complaint-without-a-complaint dept.

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."

7 of 168 comments (clear)

  1. Not today... by the.Ceph · · Score: 5, Funny

    Come on people, save these announcements for days that I can trust the internet...

    1. Re:Not today... by sm62704 · · Score: 4, Funny

      It is also a decision which is available for other attorneys to cite in their own cases.

      I think that's likely the important part. It made me think.

      But, IANAL, YMMV, beware of dog, slippery when wet, etc.

      Close cover before striking (saw that on a book of AFL-CIO matches), Keep away from children, do not expose to fire or flame, and my favorite "do not eat"

      I was at the eye doctor getting YAGed yesterday so the old slashdot favorite "do not look into the laser with your remaining eye" seems appropriate here.

      --
      mcgrew's razor: Never attribute to stupidity that which can be explained by greedy self-interest
  2. In a word by GameboyRMH · · Score: 4, Funny

    <voice class="male UT announcer">
    REEEJECTED!
    </voice>

    --
    "When information is power, privacy is freedom" - Jah-Wren Ryel
  3. Re:Can anyone explain by shellster_dude · · Score: 4, Funny

    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.

  4. Re:Can anyone explain by stuporglue · · Score: 5, Funny

    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
  5. OT: On the subject of warnings... by mooingyak · · Score: 5, Funny

    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.
  6. Re:But you MUST admit, they are STEALING by NewYorkCountryLawyer · · Score: 4, Funny

    And I'm the CEO of Sony BMG. So this is where you have been playing while your company is burning.
    --
    Ray Beckerman +5 Insightful