Arizona Judge Shoots Down RIAA Theories

NewYorkCountryLawyer writes "In Atlantic v. Howell, the judge has totally eviscerated the RIAA's theories of 'making available' and 'offering to distribute.' In a 17-page opinion (PDF), District Judge Neil V. Wake carefully analyzed the statute and case law, and based on a 'plain reading of the statute' concluded that 'Unless a copy of the work changes hands in one of the designated ways, a "distribution" under [sec.] 106(3) has not taken place.' The judge also questioned the sufficiency of the RIAA's evidence pointing towards defendant, as opposed to other members of his household. This is the Phoenix, Arizona, case in which the defendant is representing himself, but received some timely help from his friends. And it's the same case in which the RIAA suggested that Mr. Howell's MP3s, copied from his CDs, were unlawful. One commentator calls today's decision 'Another bad day for the RIAA.'"

Comments

Members.

[headkase]

If the RIAA members weren't such scummy pricks ripping off what they hold up as protecting then I would actually be on their side. Infringement is infringement. But when an artist gets pennies on the dollar people hate the RIAA members and the artists are unfortunately not going digital fast enough to escape collateral damage. For now. Someday the RIAA (and hopefully their members) will be dead and artists will sell direct and that is exactly the day I uninstall Limewire.