In Elektra v. Barker, Judge Karas rejected the RIAA's "making available" theory, and its "authorization" theory, but
-sustained the sufficiency of the allegations of "downloading" and "distributing", and
-gave the RIAA an opportunity to cure its defective pleading.
March 31, 2008, Decision of Hon. Kenneth M. Karas, Denying Motion to Dismiss Complaint and Granting Leave to Replead* (2008 WL 857527)
* Document published online at Internet Law & Regulation
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