Judge finds fault with RIAA's "making available" theory

By Justin Mann on April 29, 2008, 5:20 PM
The seemingly never-ending battle between the RIAA and the people continues. The latest developments put the RIAA in a bad light, with a Judge lending little credence to their “making available” theory. Following up on one of the cases in which the RIAA is relentlessly pursuing an accused file sharer, the Judge found that their position of “it's available, therefore it is infringement” was insufficient. The Judge wanted proof that actual transfers of the file took place, and that the people being sued were distributing those files.

The defendants felt no qualms about admitting they distributed other files, such as free software, e-books and (unsurprisingly?) free amateur porn, but assert that any music they had on their machine was for their use only and transferred only amongst devices they owned. There are other interesting notes about this case, such as the Judge agreeing that MediaSentry downloading files from these computers does not prove those people were infringing any copyrights, since MediaSentry works with the RIAA.

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