Has RIAA Abandoned the 'Making Available' Defense?

NewYorkCountryLawyer writes "The RIAA's standard complaint (pdf) was thrown out last month by a federal judge in California as speculation in Interscope v. Rodriguez. Interestingly, the RIAA's amended complaint (pdf), filed six days later, abandoned altogether the RIAA's 'making available' argument. (Whereby making files available at all for download is infringement.) It first formulated that defense against a dismissal motion in Elektra v. Barker. This raises a number of questions: Is the RIAA is going to stick to this new form of complaint in future cases? Will they get into a different kind of trouble for some of its their new allegations, such as the contention that the investigator "detected an individual" (contradicting the testimony of the RIAA's own expert witness)? And finally, what tack will defendants' lawyers take (this was one lawyer's suggestion)?"

Comments

Slashdot is just a pro-piracy site

[Anonymous Coward]

Seriously, every day we have some otyher fluff piece about how record companies and ISPs and everyone that earns over minimum wage is evil, and the same as nazis, and explaining how the god old filesharing pirates should be able to save the day and stick to the man by stealing content other people worked damned hard to create. I'm sick of slashdot pretending to be some kind of grown up adult web site, when in reality, like digg, its just a publicity machine for the idiots in the pirate party.
If you want music, movies or software, fucking BUY IT, and stop leeching off the efforts of honest people.