Judge Says RIAA's "Making Available" Argument is Bullshit!

The act of making music available online may not be a copyright violation after all. And if that's the case, Jammie Thomas of Minnesota may not have to pay the $222,000 judgment won by record companies last year, an amount Thomas' attorneys argue is unconstitutionally excessive.

In his blog on Thursday, Google senior copyright counsel William Patry wrote, "Today, district judge Michael Davis issued an order indicating he may order a new trial based on an entirely different ground: concern that Jury Instruction N. 15, which permitted the jury to find infringement based on the RIAA's making available theory, may be contrary to the Eighth Circuit's binding precedent in National Car Rental System, Inc. v. Computer Associates Inc., requiring the distribution of actual copies."

RIAA Setback: Making Music Available May Not Be Copyright Infringement

I've never been able to get my little pea-brain around the "making available" argument. It simply goes against everything our system stands for. I mean, come on, we live in a country where "if the glove doesn't fit..then you must aquitt." pretty well sums up our judicial philosophy. If you can't prove that someone actually broke a law by a preponderence of the evidence you simply have no case. So, I could never understand how the "making available" theory passed the smell test.

As I've stated in previous posts, I think the RIAA's shady tactics are starting to unravel. You can be sure this won't be the last ruling that doesn't go the RIAA's way. My limited courtroom experience tells me that the Judiciary doesn't like to have the wool pulled over its eyes and like an elephant, it never forgets. The days of the RIAA lawyers sliding shoddy legal practices by Judges are numbered. It will be amusing to watch as they go down in flames right before our eyes. I'm pretty sure I won't be shedding any tears...unless they are accompanied by some serious belly laughs. As a wise man once said, "Fuck the RIAA!"

Run Your Car on Sugar and Booze!

The EFuel100 MicroFueler offers an opportunity to brew your own ethanol. For a $10,000 investment you can have your own ethanol distiller right at home. Feed it sugar, water and yeast and the machine will distill enough ethanol to run your vehicle. The machine also seves as your pumping station. According to their website, the MicroFueler will have paid for itself after only a year and a half.

It will take between 10lbs to 14lbs of sugar to produce 1 gallon of ethanol. The MicroFueler is capable of producing 5 gallons of ethanol per day once fermentation is complete.

Imagine how much you could reduce your carbon footprint by running your own ethanol in your Prius or other hybrid vehicle. And you wouldn't have to give your cash to all those greedy oil bastards! Just look out for the greedy sugar bastards....

EFuel100, Earth's First Home Ethanol System, a Product of E-Fuel Corporation

MPAA Using "Creative Math" To Calculate Losses

The MPAA has come up with a doozy of a way to calculate their losses in recent piracy investigations conducted in Hong Kong and Australia. The association said the Hong Kong haul was worth a "potential" $20 million. The Australian catch was worth "an estimated street value" of about $16.6 million. The manner in which these numbers were calculated is highly suspect. The MPAA estimate was based on the output capacity of the "burning labs" they uncovered. WHAT? They want to claim losses based on possible future events? I can't remember how long it's been since I've seen such a bone-headed legal claim...oh, wait it was earlier today when I read that the RIAA lawyers had filed a motion stating that the judge in the case had ruled erroneously in a case he sat on just months ago.

I think the MPAA/RIAA lawsuit machine is starting to unravel a bit. The bench is finally catching up to the shenanigans the lawyers have been pulling. Common sense is starting to close in on them quickly and I'd bet you'll see more rulings against them and more legal blunders as the pressure mounts. The next few months should be interesting to watch as more of these legal battles that have been festering all come to a head.

MPAA Talks Turkey; Pirating Costs Based on Futuristic Fantasy Threat Level from Wired.com