BigChampagne's Ultimate Chart (a/o February 10th):
1. “What Doesn't Kill You (Stronger),” Kelly Clarkson
2. “Set Fire to the Rain,” Adele
3. “Turn Me On,” David Guetta
4. “Rack City,” TYGA
5. “Good Feeling,” Flo Rida
6. “Smooth Criminal (Glee Cast Version),” Glee Cast
7. “Young, Wild & Free,” Snoop Dogg & Wiz Khalifa
8. “Domino ,” Jessie J
9. “Sexy and I Know It,” LMFAO
10. “Ass Back Home ,” Gym Class Heroes
The RIAA hit an unexpected speed bump this week, thanks to a successful challenge of the "making available" theory. In the case of Atlantic v. Howell, a district court judge denied a motion for summary judgment by the RIAA. The husband-and-wife Howells, defending themselves with the help of the Electronic Frontier Foundation (EFF), successfully argued that the RIAA could not prove that an illegal distribution had actually taken place.
The RIAA used MediaSentry to pull unauthorized files from a Howell-controlled Kazaa account, a practice that normally qualifies as an infringing act. But the Howells argued that an actual upload was not properly observed, and the MediaSentry instance was merely a fabricated, hired example.
The judge agreed, generating a "big victory" according to the EFF. "In its order, the court delivers the most decisive rejection yet of the recording industry's 'making available' theory of infringement (i.e., if someone could have downloaded it from you, you've violated copyright, even if no one ever did)," the EFF explained. A trial is likely by September.
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