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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.'"
Speaking of reason, I can't see how at least some of the judgement can stand. It would mean I can legally make something available on my hard drive, publish its availability, and not be infringing on the copyright.
To put that another way, if I allow free downloads and accept donations, I'm not infringing, even if I'm paying for bandwidth too.
If video games influenced behavior the Pac Man generation would be eating pills and running away from their problems.