The RIAA has written to Judge Karas in Elektra v. Barker and to Judge Robinson in Warner v. Cassin, to bring to their attention a new decision on the "making available" issue, which was issued in a pro se case, Atlantic v. Howell in Arizona. In an unusual tactic, they mailed their letters but did not file them electronically as the Court rules require.
Lawyers for Ms. Barker and Ms. Cassin responded to the RIAA's late submission, pointing out to the judges that (1) Mr. Howell had no legal representation in Howell, (2) the judge in Howell made incorrect references to 3 other decisions, and (3) the judge did not explain how 'making available' could fulfill the requirements of a "distribution" under 17 USC 106(3).
August 22, 2007, Letter of Richard J. Guida in Elektra v. Barker Transmitting Atlantic v. Howell*
August 22, 2007, Letter of Brian E. Moran in Warner v. Cassin Transmitting Atlantic v. Howell*
August 24, 2007, Letter of Ray Beckerman Responding to Guida Letter*
August 24, 2007, Letter of Ray Beckerman Responding to Moran Letter*
* Document published online at Internet Law & Regulation
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