RIAA's 'making available' theory falls

vbimport

#1

When the RIAA went to court for summary judgment they were shocked to find that the judge did not agree with them.:eek:

This is in the case of Atlantic v. Brennan.
I’m not surprised really particularly after they had the wrong name on the docket only correcting it three days before they tried for the home run.
You can read more here:- http://recordingindustryvspeople.blogspot.com/2008/02/default-judgment-denied-in-atlantic-v.html
and here:- http://www.ilrweb.com/viewILRPDF.asp?filename=atlantic_brennan_080213OrderDenyDefaultJudgment

If this is not overturned perhaps they have had their wings clipped at last.:bigsmile:

Judge Arterton’s properly researched and well reasoned judgment has also highlighted and closed other ways for the RIAA to abuse the process in order to frighten us all.


#2

Looks like the RIAA pants have been set on fire again:bigsmile:
Yet another judge ruling on their strategy “making available for download”

U.S. District Court Judge Neil V. Wake has rejected the legal theory that the Recording Industry Association of America has used to attack P2P downloads. Jeffrey and Pamela Howell said their music copies were for personal use and they didn’t know P2P application Kazaa made them public. The decision could be devastating to the RIAA.

See here:- http://www.newsfactor.com/news/Ruling-Could-End-P2P-Lawsuits/story.xhtml?story_id=13200C4QK3CC
And here:- http://www.theinquirer.net/gb/inquirer/news/2008/05/01/court-rules-against-riaa

So where will they go from here?