Capitol v. Thomas: For RIAA, Better Than “Making Available” May Be Difficult To Prove
September 29th, 2008 by Joshua Kagan
Last Wednesday a federal judge declared a mistrial in Capitol v. Thomas and set aside the judgment for the plaintiffs when he found that the theory of “making available” may not have been sufficient to constitute infringement.1 The core of the RIAA’s position here is that Thomas infringed by merely offering to distribute copies of a work [...]