Friday, November 02, 2007

RIAA Cites Capitol v. Thomas jury instruction to Court in Warner v. Cassin as authority for "making available"

As they did several weeks ago in Elektra v. Barker, the RIAA lawyers have cited to the Court in Warner v. Cassin jury instruction number 15 from Capitol v. Thomas, which adopted the RIAA's "making available" theory and relieved plaintiffs of the burden of proving the elements of 17 USC 106(3).

November 1, 2007, Letter of Timothy Reynolds to Hon. Stephen M. Robinson*
November 2, 2007, Letter of Ray Beckerman to Hon. Stephen M. Robinson*

* Document published online at Internet Law & Regulation

Keywords: digital copyright online 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

1 comment:

Anonymous said...

The RIAA is constructing a House of Cards in their litigation process, each questionable decision or ruling being used to buttress the next even more questionable motion. They are stretching this balloon of expansion into new areas not specifically addressed by the Copyright Act ever more tightly.

It appears to this observer that a single loss at a fundamental level will bring all of this down upon them, with possibly unimaginable financial losses if their victims are able to recover costs and expenses from such speculative legislation.

The RIAA is not a company I would be buying stock in, given that I had the opportunity.