Although based in San Francisco, and only an amicus curiae in the Phoenix, Arizona, case of Atlantic v. Howell
, the Electronic Frontier Foundation is sending its senior intellectual property lawyer Fred Von Lohmann
to Phoenix to argue the Howell case, on behalf of the defendant, who is not represented by counsel. Due to the RIAA's attempt to take advantage of Mr. Howell's being undefended to try to convince the judge that merely 'making files available for distribution' -- i.e., just having them on one's computer in a manner that is accessible to sharing -- and that copying files from one's cd
onto one's computer in mp3 format is itself "unlawful", EFF filed an amicus brief
in January. Now it's taking the unusual step of actually sending someone to the courthouse to orally argue the motion.