The RIAA has written a letter to the judge in Elektra v. Barker, citing the jury instruction in Capitol v. Thomas as authority that merely "making available", without proof of any of the elements mentioned in 17 USC 106(3), is a copyright infringment.
October 15, 2007, Letter of Richard L. Gabriel to Hon. Kenneth M. Karas (Citing Jury Instruction)*
October 15, 2007, Letter of Ray Beckerman to Hon. Kenneth M. Karas (Re RIAAs's Citation to Jury Instruction)*
* Document published online at Internet Law & Regulation
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