Score one for the good guys!
A Connecticut federal judge has ruled that the Recording Industry Association of America’s (RIAA) “making available” theory, in which they claim than individuals are breaking copyright law simply by making files available to download on file sharing websites, is insufficient because
““without actual distribution of copies…. there is no violation [of] the distribution right.” 4 William F. Patry, Patry on Copyright § 13:9 (2007); see also id. N. 10 (collecting cases); Perfect 10, Inc. v. Amazon.com, Inc., 508 F.3d 1146, 1162 (9th Cir. 2007).”
Now the RIAA must prove that “actual dissemination” of a copy took place in order to accuse someone of distributing copyrighted music; a much more difficult task. This is a small but important victory for all the people the RIAA has been suing without cause and with reckless abandon. And after the RIAA’s recent attempts to force colleges to provide deterrents and “alternatives” to peer-to-peer piracy or run the risk of losing all federal financial aid for their students, it is nice to see someone reining them in.
