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
A fresh challenge emerged this week on a critical, major label legal argument. For years, the RIAA has successfully asserted that merely making content available for uploading constitutes infringement, though judges are starting to reconsider the logic.
Several weeks ago, a US District Court judge denied a quick decision in Atlantic v. Howell, questioning the validity of the making available argument. The husband-and-wife Howells moved against the RIAA, arguing that outside investigator MediaSentry had forced an upload from their hard drive, but failed to observe a P2P upload to another third party.
On Thursday, another court also reconsidered things. The situation emerged in a request for a retrial by Jammie Thomas, a defendant that suffered a decisive and expensive defeat at the hands of the RIAA. Thomas wants that decision retried, though the judge considering the request focused on the validity of the making available principle.
District Court judge Michael J. Davis noted that the original decision "may have been contrary to binding Eighth Circuit precedent," specifically a case that found that "infringement of [the distribution right] requires an actual dissemination of either copies or phonorecords". Davis considered that the court may have "committed a manifest error of law," and called for oral arguments to begin July 1st.
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