It appears that our prediction that RIAA's "programatic" lawyers would abandon their novel "making available" theory has come true, as we have learned that new complaints which are being filed (a) replace the old boilerplate with new boilerplate culled from the RIAA's boilerplate interrogatory answers, and (b) have jettisoned "making available" altogether.
Meanwhile, the new complaint, which falsely alleges that the RIAA's investigator "detected an individual" downloading and uploading, should be met with dismissal motions as well.
See "Practice Tip: I recommend that defendants' lawyers consider making motions to dismiss complaint or motions for judgment on pleadings" and "Practice Tip: Dr. Doug Jacobson's Testimony Refutes the RIAA Averment that its Investigator "Detected an Individual"
Commentary & discussion:
Keywords: digital copyright online law legal download upload peer to peer p2p file sharing filesharing music movies indie independent label freeculture creative commons pop/rock artists riaa independent mp3 cd favorite songs