Court Rejects RIAA Claim In Lawsuit
A U.S. District Court Judge has reversed his own ruling in a legal battle between the RIAA and a couple it had sued for copyright infringement in 2006. The RIAA sued Pamela and Jeffery Howell over their use of the Kazaa file sharing software, which allowed copyrighted songs to be made available for sharing online. According to CNet, Jeffery Howell said he had ripped songs from his own CDs, but not placed the tracks in the shared folder, nor had he downloaded them using Kazaa. Howell also argued that the computer was technically sharing the songs, not him.
Electronic Frontier Foundation (EFF) attorney Fred von Lohmann described the order as the "most decisive rejection yet of the recording industry's 'making available' theory of infringement," according to CNet.