nehemiah
April 2nd, 2008, 12:32:13 PM
A federal judge in New York has dealt the Recording Industry Association of America a setback in its thousands of lawsuits over piracy on peer-to-peer networks.
In a widely anticipated decision, U.S. District Judge Kenneth Karas ruled Monday to reject the RIAA's claim that a Kazaa user who merely "made available" copyrighted music necessarily violated the law. Rather, he said, the RIAA would have to demonstrate that unlawful copying actually took place.
"Plaintiffs' allegations--insofar as plaintiffs wish to hold defendant liable for acts of infringement other than actual downloading and/or distribution--fail to state a claim," Karas wrote.
This is not necessarily fatal to the RIAA's lawsuit against Tenise Barker (referred to as Denise Barker in some court documents) that will continue in the Southern District of New York. That's because the music labels also have alleged that she actually did distribute copyrighted works--meaning that if they can prove that happened, which is more difficult, they can still win.
A few characteristics make this case unusual. First, New York federal judges are viewed as well-versed in copyright law, so Karas' decision is likely to be influential. Second, an unusually large number of outside groups filed briefs, including the U.S. Internet Industry Association, the Motion Picture Association of America, the Electronic Frontier Foundation, and the Computer and Communications Industry Association, meaning the court benefited from a range of views and increasing the importance of this week's decision.
Finally, the Bush administration jumped into the case on the part of the RIAA. The Justice Department's brief calls EFF's arguments "misleading" and says that the World Intellectual Property Organization treaty--signed by the United States--covers "making available" copyrighted works.
The "making available" argument is the same legal theory that the RIAA's attorneys relied on in the Jammie Thomas case, which led to $222,000 in penalties in October. The jury instructions said that "the act of making copyrighted sound recordings available for electronic distribution on a peer-to-peer network, without license from the copyright owners, violates the copyright owners' exclusive right of distribution"--meaning all they had to do was claim that Thomas left the songs in a publicly accessible directory where they could have been downloaded.
http://www.news.com/8301-13578_3-9908353-38.html?tag=nefd.top
In a widely anticipated decision, U.S. District Judge Kenneth Karas ruled Monday to reject the RIAA's claim that a Kazaa user who merely "made available" copyrighted music necessarily violated the law. Rather, he said, the RIAA would have to demonstrate that unlawful copying actually took place.
"Plaintiffs' allegations--insofar as plaintiffs wish to hold defendant liable for acts of infringement other than actual downloading and/or distribution--fail to state a claim," Karas wrote.
This is not necessarily fatal to the RIAA's lawsuit against Tenise Barker (referred to as Denise Barker in some court documents) that will continue in the Southern District of New York. That's because the music labels also have alleged that she actually did distribute copyrighted works--meaning that if they can prove that happened, which is more difficult, they can still win.
A few characteristics make this case unusual. First, New York federal judges are viewed as well-versed in copyright law, so Karas' decision is likely to be influential. Second, an unusually large number of outside groups filed briefs, including the U.S. Internet Industry Association, the Motion Picture Association of America, the Electronic Frontier Foundation, and the Computer and Communications Industry Association, meaning the court benefited from a range of views and increasing the importance of this week's decision.
Finally, the Bush administration jumped into the case on the part of the RIAA. The Justice Department's brief calls EFF's arguments "misleading" and says that the World Intellectual Property Organization treaty--signed by the United States--covers "making available" copyrighted works.
The "making available" argument is the same legal theory that the RIAA's attorneys relied on in the Jammie Thomas case, which led to $222,000 in penalties in October. The jury instructions said that "the act of making copyrighted sound recordings available for electronic distribution on a peer-to-peer network, without license from the copyright owners, violates the copyright owners' exclusive right of distribution"--meaning all they had to do was claim that Thomas left the songs in a publicly accessible directory where they could have been downloaded.
http://www.news.com/8301-13578_3-9908353-38.html?tag=nefd.top