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
Beasley Media Group Unveils New Format Captains
iHeartMedia Austin Debuts New Spanish Top 40 Station TU 103.1
CBS Radio Officially Names John Farneda MD At WXRT/Chicago
In Brief - May 23, 2017
May 22, 2017
CBS Corporation Extends Chairman/President/CEO Les Moonves
KDMX (102.9 NOW)/Dallas Adds Kannon In Afternoon Drive
Entercom-Charlotte Signs Contract Extension with Matt & Ramona Show
May 19, 2017
Cumulus Media Oxnard/Ventura Names Matthew "Doughboy" Florence PD For KVYB
Westwood One Presents Backstage at the BBMAs
May 18, 2017
iHeartMedia St. Louis Names Maurice DeVoe PD For KMJM (100.3 The Beat)
May 17, 2017
Atlantic Records Promotes Dionnee Harper & Marsha St. Hubert To SVPs of Urban Marketing
Entercom San Diego & Portland Form Partnership With Pearl Jam's Vitalogy Foundation
Vevo Announces New Hires On Original Content Team
May 16, 2017
Universal Music Group & Tencent Music Entertainment Group Enter Stategic Agreement
B96/Chicago To Host Niall Horan, Stream Live Performance
May 15, 2017
Cumulus Reports First Quarter Results
National Radio Hall of Fame Announces 2017 Nominees
Heidi Raphael Named VP/Corporate Communications for Beasley Media Group
Beasley Media Group & jacapps To Debut Customized WRIF iPhone Stickers
May 12, 2017
eQB NOW
Cumulus Media Promotes Troy Hanson To VP/Operations For Chicago Station Group
May 11, 2017
iHeartMedia New Orleans Names Steve McNair Market President
Music News
22 Dead in Explosion at Manchester Ariana Grande Concert
Quick Hits: Iggy Azalea, Newport Folk Festival
It's a Sign of the Times: Harry Styles Debuts at #1
Drake Dominates Billboard Music Awards
Chris Cornell's Wife Issues Statement on His Death
Rocker Chris Cornell Dead at 52
The Entertainment World Remembers Chris Cornell
FMQB Photo Pass: Metallica
Katy Perry Announced as First Judge for American Idol Reboot
Katy Perry Announces New Album Witness, North American Tour
Rapper Logic Debuts Atop Billboard 200
Quick Hits: Beyonce, Kendrick Lamar, Paramore
Jay Z Inks $200 Million Deal with Live Nation
iHeartRadio Streaming Exclusive Harry Styles Station
Jay Z, Chili Peppers & Gorillaz Headlining New York's Meadows Music and Arts Festival
FMQB NOW

Nicki Farag,
SVP of Promotion,
Def Jam Recordings

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!