Court Rejects RIAA Claim In Lawsuit
April 30, 2008

A U.S. District Court Judge has reversed his own ruling in a legal battle between the RIAA and a couple it had sued for copyright infringement in 2006. The RIAA sued Pamela and Jeffery Howell over their use of the Kazaa file sharing software, which allowed copyrighted songs to be made available for sharing online. According to CNet, Jeffery Howell said he had ripped songs from his own CDs, but not placed the tracks in the shared folder, nor had he downloaded them using Kazaa. Howell also argued that the computer was technically sharing the songs, not him.

The RIAA had requested a motion of summary judgment, which was denied by Judge Neil V. Wake this week. Judge Wake wrote in a court order that he essentially agreed with the Howells' position. "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." The Judge essentially is asking the RIAA to prove the songs that were shared were actually downloaded and that the Howells deliberately shared the files.

Electronic Frontier Foundation (EFF) attorney Fred von Lohmann described the order as the "most decisive rejection yet of the recording industry's 'making available' theory of infringement," according to CNet.

The order actually reverses Wake's ruling from August of last year, where he had granted the RIAA summery judgment and fined the Howells over $40,000. The couple appealed the ruling, and with this week's decision, the case will go to trial.




 
Breaking News
Columbia Records Announces Jennifer Frommer As Head of Its Creative Agency
iHeartRadio Summer Pool Party Heats Up Miami
National Radio Hall of Fame Announces 2016 Nominees
Shelley Wade Named Afternoon Host at KMYI (Star 94.1)/San Diego
Spotify's Family Plan Gets An Upgrade
May 20, 2016
eQB NOW
May 19, 2016
Republic Records Promotes David "Davey Dee" Ingenloff to SVP/Rhythm Crossover Promotion
WLLD (WiLD 94.1)/Tampa Goes Nuts In PM Drive & Grabs A Franchize At Night
Mike Mathewson Named VP/Marketing For Columbia Records
Universal Music Forms Verve Label Group, Appoints Danny Bennett as President/CEO
Entravision Promotes Don Daboub To EVP/Integrated Marketing Solutions
May 18, 2016
Rare On-Air Opening At Power 106 Los Angeles
Ross Mahoney Named PD/PM Drive Host At KXTE/Las Vegas
Erika Alfredson Named VP/Marketing For Columbia Records
May 17, 2016
SBS Reports First Quarter Results
Westwood One Backstage At the BBMAs To Feature Exclusive Content And Pop Trio Bahari
In Brief - May 17, 2016
May 16, 2016
Gary Marella Named EVP/Mosley Music Group
SiriusXM Canada Going Private in $367 Million Deal
Radio Button Network Names Adam Goodman As First CEO
iHeartMedia's Chase Murphy Releases #Tryharder
3rd Annual GAB Radio Talent Institute Is In Session
In Brief - May 16, 2016
May 13, 2016
RCA Records Promotes Wendy Goodman To SVP/Promotion
Music News
The Weeknd Tops Billboard Music Award Winners
Drake Stays at #1, Meghan Trainor Debuts at #3 on Billboard 200
Quick Hits: Red Hot Chili Peppers, Megadeth, Ramones
Drake Leads Nominees For 2016 BET Awards
Quick Hits: Adele, Fifth Harmony, Life is Beautiful festival, Beastie Boys
Quick Hits: Chevelle, Rage Against The Machine / Prophets of Rage, 3 Doors Down, Make America Rock Again tour
Ariana Grande, Calvin Harris & More Headlining Billboard Hot 100 Festival
Quick Hits: MuchMusic Awards, Guns N' Roses / Lenny Kravitz / Alice in Chains, Rage Against The Machine, Riot Fest
Puff Daddy Takes Bad Boy Reunion on the Road
Quick Hits: Justin Timberlake, Houston Open Air, The Temper Trap, High Elevation Rock Festival, Pilgrimage Music & Cultural Festival, Lou Reed
Drake Stays Atop Billboard 200, Radiohead Debut at #3
Quick Hits: Adele, Red Hot Chili Peppers, Sia, Oasis
Ozzfest and Knotfest Combine Forces
Quick Hits: Rihanna & Meghan Trainor, U2, Chance the Rapper, Chevelle, Marilyn Manson
Ariana Grande to Perform New Music at Billboard Awards
FMQB NOW

John Mayer
PD, WFLZ/Tampa

Advertisement:
Search FMQB.com
Advertisements:
FMQB Member Login
Email:
Pass:

Save
Not a member yet?
Sign up Now!
Sign Up for Breaking News!
Enter FMQB E-Tracking!