A US District Court in Arizona has just rejected the RIAA “making available” notion of copyright infringement.  In the case Atlantic v Howell, the decision states, “the general rule, supported by the great weight of authority, is that infringement of the distribution right requires an actual dissemination of either copies or phonorecords.”

The case centers around a married couple, the Howells, whose entire hard disk was being shared over Kazaa.  The decision states that the data collected by RIAA’s fact finding operation, Media Sentry, was not enough to prove that actual distribution had occurred.

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