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

Re:Defense?

[hazem]

"too" many, that is. That's what I get for trying to be cheeky.

Re:Defense?

[phoenixwade]

"too" many, that is. That's what I get for trying to be cheeky. No, you were right the first time... "Too" is applicable when you can replace it with "also", "Two" when you are counting, and "To" otherwise.

Re:Defense?

[leenks]

So you think that "There are too many eggs in that basket" is wrong because you cannot write it "There are also many eggs in that basket."

There are cases when you can use too in the way you describe, but many others where you cannot.

Re:That's not quite true

[PopeRatzo]

To be fair, there are only 14 authors total

And three of them are kdwawson.