by Mike Masnick
Tue, Apr 29th 2008 2:28pm
The lawsuit of Atlantic v. Howell got a ton of attention late last year when some folks, including the Washington Post, misinterpreted an RIAA filing to suggest that the RIAA had claimed that merely ripping your CD to your computer was file sharing. While the RIAA may actually believe that (and has made other statements to that effect), the filing in this case did not say that at all. Instead, it clearly stated that it was the combination of ripping the CD and putting the music into a shared folder that made the songs no longer "authorized." It was simply yet another version of the RIAA's theory that "making available" is the equivalent of distribution for copyright purposes. Still, based on this theory, the RIAA asked for summary judgment against Howell. The court has now come out with a detailed and well reasoned decision completely rejecting the RIAA's "making available" theory, highlighting why it does not appear to be supported by copyright law. It's worth reading if you're interested in this stuff. Either way, the RIAA isn't getting its summary judgment, and the case will proceed later this year.
If you liked this post, you may also be interested in...
- Copyright Holders Try To Stop Ravel's 'Bolero' From Entering Public Domain Using Co-Author Trick
- Congress Has No Idea How The FCC's Cable Box Reform Plan Works, Conyers, Goodlatte Compare Effort To 'Popcorn Time'
- French National Assembly Votes (Sorta) To Finally Kill Its Three Strikes Hadopi Program
- RIAA: How Dare The Internet Use The DMCA That We Wrote To Build Useful Services!
- Despite Massive Streaming Revenue Gains, RIAA Still Lying & Crying