In Elektra v. Barker, where Judge Karas rejected the RIAA's "making available" theory but suggested an alternate theory that would permit an infringement of the distribution right to be found where no copy had been disseminated, Tenise Barker is planning to make a motion for reconsideration based on recent caselaw contradicting the latter part of the March 31st decision.
May 16, 2008, Letter of Ray Beckerman to Hon. Richard J. Sullivan (re Reconsideration Motion)*
* Document published online at Internet Law & Regulation
Keywords: digital copyright law online internet law legal download upload peer to peer p2p file sharing filesharing music movies indie independent label freeculture creative commons pop/rock artists riaa independent mp3 cd favorite songs intellectual property