RIAA Sucker Punched: “Making Available” Theory Shot Down

Arizona District Court Judge Neil V. Wake dealt a heady blow to the RIAA last Monday, striking down its popular “making available” theory as insufficient grounds for accusations of copyright infringement.

Wake’s ruling (PDF) set a higher burden of proof for the RIAA’s campaign of litigation: RIAA investigators – not third party agents, like those at MediaSentry – must download files from a defendant’s hard drive in order to accuse them of unlawful distributing copyrighted materials.

http://www.dailytech.com/RIAA+Sucker+Punched+Making+Available+Theory+Shot+Down/article11650.htm