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The Courts

Submission + - RIAA attacks Fair use (washingtonpost.com)

cyberfunk2 writes: It seems the RIAA has finally decided to drink their own koolaid. It seems the aforementioned entity is attacking the what most people believe to be holy ground in a case against Jeffrey Howell. The Washington Post reports In legal documents in its federal case against Jeffrey Howell, a Scottsdale, Ariz., man who kept a collection of about 2,000 music recordings on his personal computer, the industry maintains that it is illegal for someone who has legally purchased a CD to transfer that music into his computer. For his part, RIAA spokesman Jonathan Lamy said in a statement that the industry "will continue to bring lawsuits" against those who "ignore years of warnings,". "It's not our first choice, but it's a necessary part of the equation. There are consequences for breaking the law." Fair use anyone ?
The Courts

Judge — "Making Available" Is Stealing Music 489

JonathanF writes "If you were hoping judges would see reason and realize that just using a program that could violate copyright law is about as illegal as leaving your back door unlocked, think again. An Arizona district judge has ruled that a couple who hosted files in KaZaA is liable for over $40K in damages just because they 'made available' songs that could have been pirated by someone, somewhere. There's legal precedent, but how long do we have before the BitTorrent crew is sued?" The New York case testing the same theory is still pending.

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