The decision yesterday in the Atlantic v. Howell case solidly put the nail in the coffin of the RIAA’s “making available” theory. The RIAA lawyers and their bullyboys, MediaSentry, used this theory to prosecute people who ripped CDs they bought and then stored their music in their own computer.

The Lunatics have been following this case closely, and were concerned by early decisions. The Howells have served as their own defense counsel, and the EFF wrote a masterful Amicus brief to The Honorable Judge Neil V. Wake. Judge Neil saw the light, and denied the RIAA’s motion for summary judgement.

The Lunatics applaud this sanity.