[IP] Arizona Judge Shoots Down RIAA Theories

[David Farber <dave@farber.net>]

________________________________________
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.'"



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