said by kadar 
:I'm curious whether the “making available” point was dropped due to the Judge Kozinski mess.
For those that don't know. Judge Kozinski is a 9th circuit Federal Judge that was presiding over a pornography case. It was found that he himself had a "private" collection of porn available at his website. He also had mp3's available that were linked from some mp3 search sites.
(Google: Kozinski mp3)
So, is the RIAA dropping this line of prosecution because they do not wish to prosecute a Federal Judge?
I really doubt that is what is happening. There was a recent court decision calling in to question the "making available" argument. It was also posited by the judge that the RIAA downloading the file themselves MAY not constitute a violation because they weren't an "unauthorized" downloader. I think they are just looking for a better case to pursue and dropped the ones that call in to question their legal strategy.
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