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Forums » RIAA Drops Case That Hinges On 'Making Available' Issue » Curious
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TKJunkMail
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Re: Curious

said by kadar See Profile :

I'm curious whether the “making available” point was dropped due to the Judge Kozinski mess.

For those that don't know. Judge Kozinski is a 9th circuit Federal Judge that was presiding over a pornography case. It was found that he himself had a "private" collection of porn available at his website. He also had mp3's available that were linked from some mp3 search sites.
(Google: Kozinski mp3)

So, is the RIAA dropping this line of prosecution because they do not wish to prosecute a Federal Judge?
I really doubt that is what is happening. There was a recent court decision calling in to question the "making available" argument. It was also posited by the judge that the RIAA downloading the file themselves MAY not constitute a violation because they weren't an "unauthorized" downloader. I think they are just looking for a better case to pursue and dropped the ones that call in to question their legal strategy.
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Jason Levine
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Re: Curious

Actually, it looks like they're just shopping around for a better judge to present the case before since they just refiled the same case against the same person in a different court ( »news.slashdot.org/article.pl?sid···/1156218 ).

Even for the RIAA, this is low. They saw that the case wasn't going their way so they dropped it and tried to start all over again without telling the new judge about the previous case. Either the RIAA's lawyers are: A) incompetent enough to forget to notify a judge about a prior (and still ongoing) case against the same person with the same charges or B) malicious enough to try to get a "do over" when a case doesn't go their way. In either case, some censure or disbarment charges should be in order as this is a serious abuse of the court system.
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Forums » RIAA Drops Case That Hinges On 'Making Available' IssueThere Waiting for the new DMCA Law to pass »
« They're not walking away, they're court shopping...  


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