Making songs available not unlawful
By Stewart Meagher: Wednesday, 02 April 2008
A NEW YORK JUDGE has ruled that the act of making files available for download does not constitute copyright theft. The ruling is likely to knobble thousands of pending cases brought against file sharing networks and individuals by the content Mafiaa. The new ruling places the onus on organisations like the RIAA to prove that the actual unlawful download - ergo copying - took place. The whole "making available" argument, which the RIAA has successfully used in a number of cases, one of which resulted in one poor geezer having to cough up $220,000, seems to have been shot down in flames.
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