Elektra v. Barker: The Most Important RIAA Case in the Country?
In response to Barker's Motion to dismiss, the RIAA has responded by claiming that "merely having a 'shared files folder' on one's computer, and thereby 'making files available for distribution', is in and of itself a "distribution" and a copyright infringement. I.e., even if the recordings were legally obtained, and even if no illegal copies were ever made of them, the defendant is still guilty of copyright infringement." The MPAA followed with an amicus brief in support of the RIAA. The EFF and others filed an amicus brief in opposition stating that the RIAA's argument is absurd because the entire Internet is nothing more than a giant network of hyperlinks making files available for distribution.
- Oregon District Judge – 'Making Available' – Sufficient Grounds For Copyright Infringement (December 12, 2006)
- Elektra v. Barker: The Most Important RIAA Case in the Country? (April 18, 2006)