Atlantic Recording Corporation, et al., vs. Pamela and Jeffrey Howell

Order re: Further Briefing by the Parties


EFF filed an amicus brief in Atlantic v. Howell, an Arizona lawsuit brought as part of the RIAA's national campaign against individuals for file-sharing. Although the case has received attention recently over the issue of whether CD ripping is legal, the main event in the case is about something different: can the RIAA sue people for attempted copyright infringement?

EFF's brief (as have several courts) says no. The district court agreed on April 29, 2008, in an order denying the recording industry's motion for summary judgment on the "making available" distribution issue.

This is the Court's Order regarding further briefing by the parties.

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Reference Info:Decision | Federal, 9th Circuit, Arizona | United States

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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