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The Media

Media Industry Wants Mandated Spyware and More 373

An anonymous reader writes "The joint comment filed by the Motion Picture Association of America (MPAA) and the Recording Industry Association of America (RIAA) requests anti-infringement software on all home computers, pervasive copyright filtering, border searches, forced US intellectual property policies on foreign nations and a joint departmental agency to combat infringement during major releases." The MPAA would also like to have its rent paid a bit by Congress, with a ban on what seems to me like a useful tool (for those in as well as outside the film industry), the recently-discussed futures market for box-office receipts.
The Courts

EFF Takes On RIAA "Making Available" Theory 366

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 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 MP3s, copied from his CDs, were themselves unlawful."

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