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Submission + - EFF takes on RIAA on 'making available' theory (blogspot.com) 1

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NewYorkCountryLawyer
NewYorkCountryLawyer writes: "In Atlantic v. Howell, the Phoenix, Arizona, case in which a defendant who has no legal representation has been battling the RIAA over its theory that merely 'making files available for distribution' is in and of itself a copyright infringement, Mr. Howell has received some help from an outside source. On the very last day allowed for the filing of supplemental briefs, the Electronic Frontier Foundation filed an amicus curiae brief agreeing with Mr. Howell, and refuting the RIAA's motion for summary judgment. The brief (pdf), which is recommended reading for anyone who wants to know what US copyright law really says, points out that "contrary to Plaintiffs' arguments, an infringement of the distribution right requires the unauthorized, actual dissemination of copies of a copyrighted work." This is the same case in which the RIAA claimed that Mr. Howell's mp3's, copied from his cd's, were themselves unlawful."
The Courts

Submission + - U. Maine legal clinic fights RIAA; 1st in country (blogspot.com) 2

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NewYorkCountryLawyer
NewYorkCountryLawyer writes: ""A student law clinic is about to cause a revolution" says p2pnet. For the first time in the history of the RIAA's ex parte litigation campaign against college students, a university law school's legal aid clinic has taken up the fight against the RIAA in defense of the university's college students. Student attorneys at the University of Maine School of Law's Cumberland Legal Aid Clinic, under the supervision of law school prof Deirdre M. Smith, have moved to dismiss the RIAA's complaint in a Portland, Maine, case, Arista v. Does 1-27, on behalf of 2 University of Maine undergrads. Their recently filed reply brief (pdf) points to the US Supreme Court decision in Bell Atlantic v. Twombly, and the subsequent California decision following Twombly, Interscope v. Rodriguez, which dismissed the RIAA's "making available" complaint as mere "conclusory", "boilerplate" "speculation". The 2 students represented by Cumberland join the 8 students represented by a prominent Portland law firm, bringing to 10 the number of University of Maine students fighting back in this case."
The Courts

Submission + - Oregon AG Seeks to investigate RIAA tactics

Submitted by
NewYorkCountryLawyer
NewYorkCountryLawyer writes: "Turning the tables on the RIAA's attempt to subpoena information from the University of Oregon about the identities of the university students, the Attorney General has now filed additional papers requesting permission from the Court to conduct immediate discovery into the RIAA's 'data mining' techniques, such as the use of unlicensed investigators, the turning over of subpoenaed information to collection agencies, the obtaining of personal information from computers. The AG pointed out (pdf) that "Because Plaintiffs routinely obtain ex parte discovery in their John Doe infringement suits.....their factual assertions supporting their good cause argument are never challenged by an adverse party and their investigative methods remain free of scrutiny. They often settle their cases quickly before defendants obtain legal representation and begin to conduct discovery...... and have dropped cases, such as their case against Tanya Andersen, in which their methods and practices have been challenged through counterclaims...... While the University is not a party to the case, Plaintiffs' subpoena affects the university's rights and obligations. Plaintiffs may be spying on students who use the University's computer system and may be accessing much more than IP addresses." As one commentator succinctly put it, "They'll be going bananas in RIAA land" after reading this filing."

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