RIAA's 'Making Available' Argument Comes a Head this Week
Ray Beckerman writes on The Recording Industry vs. The People blog:
The RIAA's newly discovered argument that merely "making available" is in and of itself a copyright infringement, even without any physical copying, comes to a head this week in not one, but two, cases in Manhattan federal court, Elektra v. Barker and Atlantic v. Does.
In Elektra the issue arises in the context of a motion to dismiss complaint.
In Atlantic it comes about in a motion to vacate the ex parte discovery order.
For unexplained reasons, SONY BMG withdrew from both cases after the motions were made.
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