Da-Chief
06-15-2008, 09:25
http://i.dslr.net/urls/97/4297.gif (http://www.dslreports.com/shownews/RIAA-Drops-Case-That-Hinges-On-Making-Available-Issue-95302)
In the lawsuits that RIAA has filed against P2P users in the past, one of the major questions that has come up has been whether or not it s illegal to simply make copyrighted files available for others to download. The argument of users is that there has to actually be something stolen, some proof that the file was downloaded, or there was no violation but RIAA has said that the violation takes place when the file is made available online. A New York court recently agreed (http://www.dslreports.com/shownews/93211) with users on this issue which has caused other cases (http://www.dslreports.com/shownews/94484) to go back to the courts for further review. Perhaps RIAA plans to stop fighting this particularly battle considering that they just voluntarily dismissed (http://recordingindustryvspeople.blogspot.com/2008/06/riaa-dismisses-warner-v-cassin-making.html) a case that had been pending for nearly a year in which the major issue was the making available point. It s not clear whether RIAA walking away (http://www.dailytech.com/RIAA%20Suddenly%20Walks%20Away%20from%20Longstandi ng%20P2P%20Case/article12057.htm) from the issue is a sign that they ll stop pursuing cases that hinge on this point or if they simply thought they were going to lose and didn t want to set precedent that could harm future cases.
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In the lawsuits that RIAA has filed against P2P users in the past, one of the major questions that has come up has been whether or not it s illegal to simply make copyrighted files available for others to download. The argument of users is that there has to actually be something stolen, some proof that the file was downloaded, or there was no violation but RIAA has said that the violation takes place when the file is made available online. A New York court recently agreed (http://www.dslreports.com/shownews/93211) with users on this issue which has caused other cases (http://www.dslreports.com/shownews/94484) to go back to the courts for further review. Perhaps RIAA plans to stop fighting this particularly battle considering that they just voluntarily dismissed (http://recordingindustryvspeople.blogspot.com/2008/06/riaa-dismisses-warner-v-cassin-making.html) a case that had been pending for nearly a year in which the major issue was the making available point. It s not clear whether RIAA walking away (http://www.dailytech.com/RIAA%20Suddenly%20Walks%20Away%20from%20Longstandi ng%20P2P%20Case/article12057.htm) from the issue is a sign that they ll stop pursuing cases that hinge on this point or if they simply thought they were going to lose and didn t want to set precedent that could harm future cases.
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