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Law Profs File Friend-of-Court Brief Against RIAA 186

NewYorkCountryLawyer writes "A group of 10 copyright law professors has filed an amicus curiae ('friend of the court') brief on the side of the defendant in Capitol v. Thomas, agreeing with the judge's recent decision that the $222,000 verdict won by the RIAA appears to be tainted by a 'manifest error of law.' The clear and well-written 14-page brief (PDF) argues that the 'making available' jury instruction, which the RIAA had requested and the judge ultimately accepted, was in fact a 'manifest error of law,' making the point, among others, that an interpretation of a statute should begin with the words of the statute. My only criticism of the brief is that it overstates the authorities relied on by the RIAA, citing cases which never decided the 'making available' issue as cases which had decided it in the RIAA's favor." As it turns out, the MPAA, close ally to the RIAA, has come forth with a more controversial view. They suggest that proof of actual distribution shouldn't be required. From their brief (PDF): "Mandating that proof could thus have the pernicious effect of depriving copyright owners of a practical remedy against massive copyright infringement in many instances."
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Law Profs File Friend-of-Court Brief Against RIAA

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  • Re:Really? (Score:5, Informative)

    by NearlyHeadless ( 110901 ) on Saturday June 21, 2008 @08:55AM (#23884135)

    If they can't prove the distribution, then how do they know the copyright infringement is happening?

    Their argument is that just making a copyrighted work available on a peer-to-peer network is infringement by itself. They argue that they shouldn't have to prove actual distribution, that is, that someone downloaded it. To see what files someone has made available is simple, by the very nature of peer-to-peer networks. Proving that someone has downloaded a particular file from a particular user is much more difficult.

  • by Kneo24 ( 688412 ) on Saturday June 21, 2008 @09:05AM (#23884171)
    That's not exactly what the MPAA is claiming. They're claiming they don't need any sort of proof to start accusing people. What they're saying is that if a person makes a file available, it shows intent. And based off of said intent, a copyright holder shouldn't need to show further proof of infringement.

    It is a bit of a slippery slope, sure. Some people don't actually realize they're sharing files. Some do. They're going to have to prove something at some point, whether it be "intent" or actual infringement, I would assume.

  • by Televiper2000 ( 1145415 ) on Saturday June 21, 2008 @09:12AM (#23884197)
    The libraries are licensed to lend you the books. They've been granted that right by the copyright holders.
  • by mmurphy000 ( 556983 ) on Saturday June 21, 2008 @10:23AM (#23884683)

    The libraries are licensed to lend you the books. They've been granted that right by the copyright holders.

    Perhaps in your country, that's true. In the US, that's incorrect.

    Libraries buy books no differently than anyone else, except that since they buy in quantity, they usually work with a distributor or "jobber" rather than deal with a zillion publishers individually. Otherwise, there's no real difference — they pay, they get the books, they use the books. It just so happens that "use the books" involves a moderately-constrained lending program.

    It is conceivable that there's a clause in copyright law that grants libraries special rights, though I'm not aware of any such clause.

    Instead, libraries tend to work on first sale doctrine, AFAIK. They bought the book, so they can lend it, use it to prop up short table legs, or whatever they feel like doing with it. So long as they don't copy the book, there is no copyright infringement.

    Comparing a library to the "making available" case is a bit of a stretch, though it is worth noting that there was a similar round of sturm und drang around libraries making coin-op copiers available to patrons, on the grounds that it facilitated copyright infringement. I forget if that made it all the way to a trial verdict or if the plaintiffs just dropped the whole issue.

  • by Rival ( 14861 ) on Saturday June 21, 2008 @10:36AM (#23884833) Homepage Journal

    They've been granted that right by the copyright holders.
    This is not entirely true. At least in the U.S., this is granted by the U.S. Government. [cornell.edu]

    Some interesting reading, there. For example:

    (c) The right of reproduction under this section applies to three copies or phonorecords of a published work duplicated solely for the purpose of replacement of a copy or phonorecord that is damaged, deteriorating, lost, or stolen, or if the existing format in which the work is stored has become obsolete, if--
    (1) the library or archives has, after a reasonable effort, determined that an unused replacement cannot be obtained at a fair price; and
    (2) any such copy or phonorecord that is reproduced in digital format is not made available to the public in that format outside the premises of the library or archives in lawful possession of such copy.
    Provided one can get their collection classified as an archive in regard to this title, it should be fairly easy to make a case for fair-use (not that we should have to make a case to begin with, but these are litigious times.) I especially enjoy the note about finding replacements "at a fair price".

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