[ga] RIAA spladown previews of future attractions for the IPC:Judge Rejects RIAA 'Making Available' Theory

["Jeffrey A. Williams" <jwkckid1@xxxxxxxxxxxxx>]

All,

  Well here are some more chickens coming home to roost
it seems, and long overdue..  We have been calling for
the IPC to revoke the RIAA as a member...

A federal judge in Connecticut has
http://recordingindustryvspeople.blogspot.com/ rejected the RIAA's
'making available' theory, which is the basis of
all of the RIAA's peer to peer file sharing cases. In Atlantic v.
Brennan, in a
http://recordingindustryvspeople.blogspot.com/2008/02/default-judgment-denied-in-atlantic-v.html
9-page opinion [PDF], Judge Janet Bond Arterton held
that the RIAA needs to prove 'actual distribution of copies', and cannot

rely â?? as it was permitted to do in
http://www.ilrweb.com/viewILRPDF.asp?filename=atlantic_brennan_080213OrderDenyDefaultJudgment
Capitol v. Thomas upon the mere
fact that there are song files on the defendant's computer and that they

were 'available'. This is the same issue that has been the subject of
extensive briefing in two contested cases in New York, wrt Elektra v.
Barker and wrtWarner v. Cassin. Judge Arterton also held that the
defendant had other possible defenses, such as the unconstitutionality
of the RIAA's damages theory and  http://p2pnet.net/story/12313 possible

copyright misuse flowing from the record companies' anticompetitive
behavior.

Regards,

Spokesman for INEGroup LLA. - (Over 277k members/stakeholders strong!)
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