Wednesday, May 21, 2008

Attention All You Kazaa Users!

A federal court in Arizona has denied RIAA's motion for summary judgment, rejecting the "making available" theory of copyright infringement, in an action against two Kazaa users, who appeared pro se. In Atlantic v. Howell, the court held: "The court agrees with the great weight of authority that section 106(3) is not violated unless the defendant has actually distributed an unauthorized copy of the work to a member of the public. . . . Merely making an unauthorized copy of a copyrighted work available to the public does not violate a copyright holder's exclusive right of distribution." You can see the opinion here:

The key appears to be that Howell never placed the songs (that he asserted were copies ripped by him from CDs that he owned) in a SHARED Kazaa folder! Listen well and learn, all you Kazaa users!


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