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

Order Awarding Terminating Sanctions to the Plaintiffs


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 also received attention over the issue of whether CD ripping is legal, the main event in the case was about something different: can the RIAA sue people for attempted copyright infringement?

EFF's brief says no, as have several courts. 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.

In August 2008, the record industry plaintiffs prevailed against Mr. Howell based on their allegations that Mr. Howell destroyed necessary evidence before trial.

This is the court order awarding terminating sanctions for plaintiffs.

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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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