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Copyright Law

: Recording Industry vs The People

Judge rejects RIAA "making available" theory but sustains complaint, and gives RIAA chance to replead defective theory in Elektra v. Barker

By Ty Rogers and Ray Beckerman

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In Elektra v. Barker, Judge Karas rejected the RIAA's "making available" theory, and its "authorization" theory, but

-sustained the sufficiency of the allegations of "downloading" and "distributing", and

-gave the RIAA an opportunity to cure its defective pleading.

March 31, 2008, Decision of Hon. Kenneth M. Karas, Denying Motion to Dismiss Complaint and Granting Leave to Replead*

* Document published online at Internet Law & Regulation








Keywords: digital copyright law online internet 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 intellectual property






Full post as published by Recording Industry vs The People on March 31, 2008 (boomark / email).

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