Brazen Arizona
First, let me explain the title. A motion for summary judgment was decided by the district court in Arizona, Atlantic Recording Corp. v. Howell. This is another case where suit was brought against and individual for copyright infringement for using a P2P network. Once again that network was KaZaa. Once again the question was, were the files in the users share folder that could be download by others copyright infringement under U.S. Federal Law. While it is not crazy that the Arizona court decided on the summary judgment the way they did, the decision was contrary to other court decisions on similar issues (hence the title). In the State of Arizona, keeping a file in a share file is not unlawful distribution, and therefore not violative of the Copyright Act. “Actual dissemination of the of copies or phonorecords” must be shown. However, for those of you who are unfamiliar with legal jargon, that mere fact that Atlantic Records did not win on summary judgment does not mean that the user has one the case, rather the case must now go to trial and it will up to a jury to decide based on the facts and arguments raised by both sides. The Arizona District Court, and Judge Wake, the presiding judge, have been applauded by many in the legal community partiularly those who are among the greater minds in copyright law. For more see Patry.
