news.com — In Atlantic v. Howell, Judge Neil V. Wake denied the labels' motion for summary judgment in a 17-page decision (PDF), allowing the suit to proceed to trial. The argument--that merely the act of making music files available for download constituted copyright infringement--has been the basis for the Recording Industry Association of America's legal b
Apr 30, 2008 View in Crawl 4
mithrasinvictusApr 30, 2008
I think the point is that for there to be copyright infringement they will have to prove that the content was actually downloaded by someone who was not entitled to obtain a copy.
jmsantosMay 1, 2008
So... don't buy either one?
bklynadamMay 1, 2008
For a great scholarly legal article about the "making available" right check this out. <a class="user" href="http://law.fordham.edu/publications/articles/200flspub12544.pdf">http://law.fordham.edu/publications/articles/200fl ...</a>It went to print yesterday, before this case came out, but I really don't think this holding changes the analysis much. The District of Massachusetts also said making-available was not a distribution.
1gunners4May 1, 2008
"I'm doing this as hard as I can."
trevalvfMay 1, 2008
I don't want what he's having. It's nice to get a good buzz, or take an awesome trip without incoherent babble being a side-effect.
yondMay 6, 2008
Well said!