The Big Four Cartel – Warner Music, EMI, Vivendi Universal and Sony BMG’s – collectively the RIAA, is “battling 1.000 when it comes to the ‘making available’ argument”. In an argument reaching new heights of ludicrously the Big 4 cartel claims that merely having a shared files folder means that files are available for distribution and, therefore, constitutes a breach of copyright. Filesharering is defined not by what users they download or uploading, then, but instead by what they’ve got available to share.

The EFF point out the flaw in this argument: the entire ‘net is nothing more than a giant network of hyperlinks and shared folders, making files eminently available to anyone with access. Is the next headline going to be “RIAA causes internet to be banned”?

Test cases abound and RIAA have been trying to elicit a ruling from the judges on this point. Six cases so far and the judges have refused to rule, but have allowed the RIAA to move along with its cases because of ‘continuing infringement’.

Atlantic v Howell represents the seventh case in the series. The Howells used an Ares-like set up to download and share music files. Just having the files on their download constituted an infringement of copyright, the judge said. The RIAA of course lost no time in claiming this as a victory and using the ruling in a host of other cases.

Filesharers beware!

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