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Copyright Law

: Recording Industry vs The People

RIAA terms Judge Wake's decision "strange" and "outside of mainstream"

By Ty Rogers and Ray Beckerman

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According to a report in Ars Technica, the RIAA had this comment on Judge Wake's decision in Atlantic v. Howell:

"This is a strange decision that is outside of the mainstream and inconsistent with countless court rulings on these issues," RIAA spokesperson Cara Duckworth told Ars. "We are currently considering all options going forward."

[Ed. note. The RIAA's vehemently dishonest reaction demonstrates how important this eminently clear, quite "mainstream", not at all "strange", decision was. It was in fact the clearest and most mainstream decision of all on the subject, because it completely harmonized (a) the clear wording of the statute, (b) decades of caselaw applying the clear wording of the statute, and (c) unanimous agreement of all of the leading copyright law treatises. One wonders which "countless rulings" Ms. Duckworth is referring to: Motown v. DePietro, a case against a pro se litigant who never briefed the issue, or Atlantic v. Abner Anderson, another case in which the defendant never briefed the issue. And I guess Ms. Duckworth is forgetting about Atlantic v. Brennan, London-Sire v. Doe, and Elektra v. Barker, all of which thoroughly thrashed the RIAA's "making available" theory. - R.B.]

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Full post as published by Recording Industry vs The People on April 30, 2008 (boomark / email).