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30 Apr 08
Judge deals another blow to RIAA's making available theory
One of the pillars of the RIAA's legal campaign has been its assertion that making a file available for download equates to copyright infringement under the copyright act. There have only been a couple of decisions addressing the question so far. One that came down today in Atlantic v. Howell is the biggest rejection yet to the RIAA's "making available equals infringement" argument, as a federal judge has denied the labels' motion for summary judgment, setting the stage for a trial later this year.
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