Judge: Making music files available for download not piracy

04/30/2008 | CNET

One of the pillars of the recording industry's arguments in prosecuting music piracy was dealt a blow by a federal judge on Tuesday. Judge Neil V. Wake rejected a motion by the RIAA that argued that merely "making available" copyrighted music files on one's computer for possible distribution via an online sharing service is in and of itself an act of copyright infringement. Electronic Frontier Foundation attorney Fred Von Lohmann characterized the judge's ruling as the "most decisive rejection yet of the recording industry's 'making available' theory of infringement."

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