The RIAA's argument that merely "making files available" is in and of itself a copyright infringement, argued in January in Elektra v. Barker (awaiting decision), was briefed again in White Plains, New York, in Warner v. Cassin.
Ms. Cassin moved to dismiss the complaint; the RIAA countered by arguing that 'making available' on a p2p file sharing network is a violation of the distribution right in 17 USC 106(3); Ms. Cassin responded, pointing out the clear language of the statute, questioning the validity of the RIAA's authorities, and arguing that the Court's acceptance of the RIAA's theory would seriously impact the internet.
The case is scheduled for a conference on Friday, November 16h, at 10 AM, at the federal courthouse, 300 Quarropas Street, White Plains, New York, in the courtroom of Judge Stephen C. Robinson. The conference is open to the public.
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