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US Judge: music labels have to prove sharing

Posted by anthonyberet on 12/23/06 23:43

http://arstechnica.com/news.ars/post/20061222-8488.html
Full text below:

The beat goes on in the world of file-sharing litigation. Earlier this
week, the case against Patti Santangelo was dismissed without prejudice
and refiled, this time naming two of her children as defendants. In
another closely followed case, UMG v. Lindor, a federal judge has ruled
that the RIAA will have to show that Lindor actually shared music, a
higher burden than demonstrating that she made the files available for
download.

Judge David G. Trager ruled that when the case goes to trial,
"plaintiffs will have the burden of proving by a preponderance of the
evidence that defendant did indeed infringe plaintiff's copyrights by
convincing the fact-finder, based on the evidence plaintiffs have
gathered, that defendant actually shared sound files belonging to
plaintiffs."

In Electra v. Perez, another judge held that making files available for
distribution was enough to prove infringement. Since that case was
dismissed without prejudice, there is little likelihood that the ruling
in that case will be precedent setting.

UMG v. Lindor appears headed for trial next year unless one of the
parties blinks. With today's ruling, it appears that the record labels
will have to demonstrate that someone actually infringed on their
copyrights by downloading music from Lindor's computer. That's a step
beyond the RIAA's argument that making files available for download
constitutes infringement.

Keep in mind that since none of the file-sharing cases have actually
made it to trial, there is little indication of how a judge will respond
to the arguments put forth by both sides.

 

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