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The Courts

Judge Rejects RIAA 'Making Available' Theory 353

NewYorkCountryLawyer writes "A federal judge in Connecticut has rejected the RIAA's 'making available' theory, which is the basis of all of the RIAA's peer to peer file sharing cases. In Atlantic v. Brennan, in a 9-page opinion [PDF], Judge Janet Bond Arterton held that the RIAA needs to prove 'actual distribution of copies', and cannot rely — as it was permitted to do in Capitol v. Thomas — upon the mere fact that there are song files on the defendant's computer and that they were 'available'. This is the same issue that has been the subject of extensive briefing in two contested cases in New York, Elektra v. Barker and Warner v. Cassin. Judge Arterton also held that the defendant had other possible defenses, such as the unconstitutionality of the RIAA's damages theory and possible copyright misuse flowing from the record companies' anticompetitive behavior."

Citizen Journalism Expert Jay Rosen Answers Your Questions 42

We posted Jay Rosen's Call for Questions on September 25. Here are his answers, into which he's obviously put plenty of time and thought. This is a "must read" for anyone interested in the growing "citizen journalism" movement either as a writer/editor or as an audience member -- and please note that Rosen and many others say, over and over, that one of the major shifts in the news media, especially online, is that there is no longer any need to be one or the other instead of both.

New Windows Media Player Leaks 363

TacoLL writes "A new version of Windows Media Player, Windows Media Player 11, is set to be made public on Wednesday, however, it has found its way into the hands of internet users before its public release. Flexbeta has some early screenshots of the next Media Player for Windows users."

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