Keep your eyes peeled for this one folks.
http://recordingindustryvspeople.blogspot.com/2006/08/on-importance-of-elektra-v-barker.htmlWhat is the most important RIAA case in the country?
Arguably it's Elektra v. Barker, pending in Manhattan federal court before Judge Kenneth Karas, a recently appointed judge who is a former federal prosecutor.
Ms. Barker made a simple motion to dismiss the complaint, saying it did not give her adequate notice of the infringement she's accused of.
In response, the RIAA made its most shocking and outlandish arguments to date, claiming that merely having a 'shared files folder' on one's computer, and thereby 'making files available for distribution', is in and of itself a "distribution" and a copyright infringement. I.e., even if the recordings were legally obtained, and even if no illegal copies were ever made of them, the defendant is still guilty of copyright infringement.
Learning of this, The Electronic Frontier Foundation, The Computer & Communications Industry Association, and the U. S. Internet Industry Association -- realizing that if this absurd argument were accepted the entire internet might be shut down in the United States, since the internet is nothing more than a giant network of hyperlinks making files 'available', and also realizing that Ms. Barker doesn't have the financial resources to wage a full scale war protecting the entire internet from destruction -- were quick to file amicus curiae briefs pointing out to Judge Karas the absurdity of the RIAA's arguments.
Shortly thereafter the MPAA filed an amicus brief supporting the RIAA's argument, the American Association of Publishers requested permission to file a similar brief, and the United States Department of Justice wrote to the Court indicating the possibility of filing a "Statement of Interest".
All to collect about $6000 from a young nursing student who lives in the Bronx?
I don't think so.
This case concerns something that on the surface was a normal extortion attempt by the RIAA, they are losing so many cases now they are desperate to get a new legal decision that even having a shared folder is committing copyright infringement, regardless of whether you upload any copy or not, surely unjust and wrong when a copy must be made to claim infringement ?
My eye is upon this matter and I hope justice is seen to triumph over corporate greed.
