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MUSIC And COPYRIGHT LAW <http://www.edu-cyberpg.com/Music/>
How much do you understand about what you can download
and use in the classroom. Do you know what fair use is?
Find out the issues, ethics and procedures
File Sharing is Not Thefthttp://www.edu-cyberpg.com/Music/musiclaw4.html
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Arizona Judge Shoots Down RIAA Theories
http://www.slashdot.org/palm/31/08/04/29/1840250_1.shtml
NewYorkCountryLawyer writes "In Atlantic v. Howell, the judge has totally
eviscerated the RIAA's theories of 'making available' and 'offering to
distribute.' In a 17-page opinion (PDF), District Judge Neil V. Wake carefully
analyzed the statute and caselaw, and based on a 'plain reading of the
statute' concluded that 'Unless a copy of the work changes hands in one of the
designated ways, a "distribution" under [sec.] 106(3) has not taken place.'
The judge also questioned the sufficiency of the RIAA's evidence pointing
towards defendant, as opposed to other members of his household. This is the
Phoenix, Arizona, case in which the defendant is representing himself, but
received some timely help from his friends. And it's the same case in which
the RIAA suggested that Mr. Howell's MP3s, copied from his CDs, were unlawful.
One commentator calls today's decision 'Another bad day for the RIAA.'"