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
WLUP-FM/Chicago Takes Fresh Direction With New Weekday Line-up, Nationwide Talent Search
CCM+E San Antonio Names Don Gosselin PD For KAJA, KRPT
Justin Wittmayer Appointed VP/Market Manager For Cumulus San Francisco
BIA/Kelsey Releases New Study On SMB Social Media Usage
In Brief - September 15, 2014
September 12, 2014
Republic Records Names Rick Krim EVP, Artist Development
BIA/Kelsey Releases New Study On SMB Social Media Usage
The Week In Review: 9/8-9/12
NAB Donates To Committee To Protect Journalists In Honor of James Foley, Steven Sotloff
2014 NAB Marconi Radio Award Winners Announced
iStream Data Debuts, Appoints VP/GM
In Brief - September 12, 2014
September 11, 2014
CBS Radio, United Stations Radio Networks To Launch Scott Shannon Presents "America's Greatest Hits"
iBiquity Digital, TagStationTo Deliver Next Generation Of The Digital Dash
Pandora Strikes US Licensing Deal With BMG
NAB President, CEO Gordon Smith Opens 2014 Radio Show
In Brief - September 11, 2014
September 10, 2014
Warner Music Group Creates Unified Global Business Development Team
HD Radio Broadcast Momentum Continues
iStreamMusic.com Expands Music Channel Lineup
In Brief - September 10, 2014
September 9, 2014
Live365 Appoints Dennis Constantine Director Of Broadcasting
Howard Gabriel Named EVP, Marketing For Warner Bros. Records
Jelli Achieves Milestone Serving One Billion Programmatic Ads This Year
In Brief - September 9, 2014
September 8, 2014
Music News
One Direction Says "Steal My Girl"
Quick Hits: Beyoncé & Jay Z, Neil Young's Bridge School Benefit, Bon Jovi, George Harrison
Quick Hits: Gwen Stefani, Iggy Azalea, Demi Lovato, Calvin Harris, Ellie Goulding, Kendrick Lamar
U2 Already Plotting Next Album?
The Week In Review: 9/8-9/12
Quick Hits: Madonna & Alicia Keys, Kanye West, Ariana Grande, iHeartRadio Australia Music Festival, Stevie Wonder
Maroon 5 Land Second #1 Album With V
Ariana Grande To Hit The Road For "The Honeymoon Tour"
Quick Hits: Nicki Minaj, Paul McCartney, John Mellencamp, The Lumineers
U2 Gives Away New Album Via iTunes
Quick Hits: Mary J. Blige, Alicia Keys, Avicii, P!nk, Bruce Springsteen, David Bowie
One Direction Announce The Release Of New Album FOUR
Quick Hits: G.R.L.
The Week In Review: 9/1-9/5
Drake Leads BET Hip-Hop Awards with Eight Nods
FMQB NOW

Marissa Lanchak
APD/MD
WFLY/Albany

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!