In Atlantic v. Howell, a case against a pro se defendant in Arizona, the judge ruled in favor the RIAA and concluded that "making available" is in and of itself a copyright infringement.
This is the second time of which we are aware in which, in the context of a summary judgment motion against a pro se litigant, a judge has stated that merely "making available" is in and of itself a copyright infringement. The first was Motown v. DePietro in Philadelphia, where the RIAA's summary judgment motion was nevertheless denied.
August 24, 2007, Order Granting Summary Judgment to Plaintiffs*
* Document published online at Internet Law & Regulation
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