Related Issues: File Sharing, Intellectual Property
Atlantic v. Howell
EFF filed an amicus brief in Atlantic v. Howell, an Arizona lawsuit brought as part of the RIAA's national campaign against individuals for file-sharing. Although the case has received attention recently over the issue of whether CD ripping is legal, the main event in the case is about something different: can the RIAA sue people for attempted copyright infringement?
EFF's brief says no, as have several courts. The district court agreed on April 29, 2008, in an order denying the recording industry's motion for summary judgment on the "making available" distribution issue.
Documents
- April 29, 2008 Order Denying Recording Industry Motion for Summary Judgment[PDF, 208.30 KB]
- January 11, 2008 EFF Amicus Brief opposing summary judgment[PDF, 249.93 KB]
- December 7, 2007 Record Labels' Supplemental Brief re summary judgment[PDF, 121.83 KB]
- October 3, 2007 Order seeking additional briefing[PDF, 24.39 KB]
- August 10, 2007 Record Labels' reply brief for summary judgment[PDF, 48.25 KB]
- July 5, 2007 Record Labels' motion for summary judgment[PDF, 87.22 KB]
Deeplinks Posts
- June 05, 2008 Laser Printers Found Guilty of "Making Available" Crimes
- May 16, 2008 Score Two for Defendants in the P2P Wars
- April 29, 2008 Big Victory in Atlantic v. Howell: Court Rejects RIAA "Making Available" Theory
- April 02, 2008 Making Available is Not Distribution, Says Court in London-Sire v. Doe
- April 01, 2008 Offering to Distribute = Distribution, says Court in Elektra v. Barker
- February 25, 2008 RIAA File-Sharing Complaint Fails to Support Default Judgment
- February 07, 2008 Arista v. Does 1-21: What's at Stake for the Rest of Us
- January 13, 2008 EFF Files Brief in Atlantic v. Howell Resisting RIAA's "Attempted Distribution" Theory
- February 26, 2006 Transmission + Reproduction != Distribution
