The United States Department of Justice has now tried to help the RIAA in a Texas case, Fonovisa v. Alvarez, filing a "Statement of Interest" opposing the defendant's motion to dismiss:
DOJ "Statement of Interest"*.
The Government conceded in its brief, however, that it has never prosecuted anyone just for "making available".
Unlike Elektra v. Barker, where the DOJ came into the case only in response to a brief by an amicus curiae, the Electronic Frontier Foundation, this time the DOJ just came into the case on its own. It thus appears that the RIAA and the DOJ are working together.
* Available online at Internet Law & Regulation
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