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Arizona Judge Shoots Down RIAA Theories
From: David Farber <dave () farber net>
Date: Wed, 30 Apr 2008 10:36:25 -0700
________________________________________ From: ' =JeffH ' [Jeff.Hodges () KingsMountain com] Sent: Wednesday, April 30, 2008 11:59 AM To: David Farber Subject: fyi: Arizona Judge Shoots Down RIAA Theories Arizona Judge Shoots Down RIAA Theories slashdot.org/palm/31/08/04/29/1840250_1.shtml from the schmaking-available dept. posted by kdawson on 2008-04-29 21:33:00 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 caselaw, 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.'" ------------------------------------------- Archives: http://www.listbox.com/member/archive/247/=now RSS Feed: http://www.listbox.com/member/archive/rss/247/ Powered by Listbox: http://www.listbox.com
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- Arizona Judge Shoots Down RIAA Theories David Farber (Apr 30)